John McGinnis explains the changing dynamic on Supreme Court

I had been surprised by Breyer voting with the majority in the Vermont campaign finance case and possibly this explains it:

The court's new lineup is likely to change the dynamic in ways that extend well beyond the differences in how Roberts and Alito might vote compared with Rehnquist and O'Connor, says John McGinnis, a Northwestern law professor who worked with Alito in the Reagan Justice Department.

For example, there are some early signs that Justice Stephen Breyer may be inclined to vote more strategically to stay within the majority on certain cases, McGinnis said. And Roberts, for his part, may be assigning Breyer to write certain opinions in an effort to keep him from reflexively siding with the other liberals.

"I think that will be a story we should be following for the next five years," McGinnis said.


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