The unusual powers of the American Supreme Court have unusual effects on all its members, but especially on whichever justices hold the balance of power: Their role fits especially uneasily with the letter of the Constitution and modern democratic norms, evoking more ancient forms or concepts — the Roman censor, the Greek archon, Plato’s philosopher-king.
Three figures have occupied and sometimes shared this role over the last two generations, and each has brought a different mind-set to the work.
Sandra Day O’Connor, drawing on her background as an elected official, often seemed to regard herself a canny intuiter of the American middle ground, constantly seeking political balances and settlements.
Then Anthony Kennedy, who shared the role with O’Connor and stood alone after her retirement, seemed to favor the philosopher-king model, issuing sweeping judgments based on his distinctive libertarianism, often written in the style of a papal bull.
Persons:
Sandra Day O’Connor, Anthony Kennedy, O’Connor
Organizations:
American Supreme
Locations:
American