The King and Queen of the Swing: An Analysis of Justices Anthony Kennedy and Sandra Day O'Connor Swing Vote Criminal Procedure Cases

• In Event: Extra-Legal Influences on Judicial Decisions

Abstract

With the death in February of 2016 of U.S. Supreme Court Justice Antonin Scalia, the Court is set to leave an area characterized by salient swing votes by traditionally conservative justices Anthony Kennedy or Sandra Day O'Connor. For more than 20 years, Justices Kennedy and O'Connor have cast swing votes in many cases that enabled a more liberal outcome that stands in contrast to the traditionally conservative direction of the Court. As our nation enters the impending turning point in Court composition, it is important to take stock of the past. This study examines the swing vote cases of Justices Kennedy and O'Connor in criminal procedure outcomes of the Court. The primary focus of the study is to develop an objective understanding of the importance of and differences in the swing vote cases of each justice.

Authors

• Kevin Buckler, University of Houston - Downtown

• Elizabeth Gilmore, Prairie View A&M University