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Conservative Attitudes and Libertarian Ideologies on the Rehnquist Court: The Case of Anthony Kennedy and the First Amendment Right of Free Expression.

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Abstract:

A thorough examination of Justice Anthony Kennedy's judicial behavior should provoke more systematic thinking about a key concept that pervades many discussions of Court-namely, the concept of a "swing voter". In this paper we argue that past understandings of the "swing voter" concept miss essential aspects of certain justices' decisionmaking philosophies, usually because they tend to examine voting behavior at too high a level of generality. By examining a more focused areas of legal policymaking (e.g. free speech cases) for Anthony Kennedy, we find that the justice's more "normal" predilections (i.e. conservatism) give way to other driving forces, producing outcomes at odds with expectations of how Justice Kennedy normally votes.

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justic (187), vote (121), kennedi (116), case (110), court (97), swing (53), free (53), speech (50), major (50), conserv (47), liber (43), decis (40), o (35), one (35), may (34), suprem (33), bloc (33), rehnquist (30), civil (30), term (29), tabl (28),

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Keywords: Anthony Kennedy, Rehnquist Court, Justices, Supreme Court, Swing voter, First Amendment, Free expression, Free speech
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Name: American Political Science Association
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MLA Citation:

Schmidt, Patrick. and Yalof, David. "Conservative Attitudes and Libertarian Ideologies on the Rehnquist Court: The Case of Anthony Kennedy and the First Amendment Right of Free Expression." Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts, Aug 28, 2002 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p65941_index.html>

APA Citation:

Schmidt, P. D. and Yalof, D. A. , 2002-08-28 "Conservative Attitudes and Libertarian Ideologies on the Rehnquist Court: The Case of Anthony Kennedy and the First Amendment Right of Free Expression." Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p65941_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: A thorough examination of Justice Anthony Kennedy's judicial behavior should provoke more systematic thinking about a key concept that pervades many discussions of Court-namely, the concept of a "swing voter". In this paper we argue that past understandings of the "swing voter" concept miss essential aspects of certain justices' decisionmaking philosophies, usually because they tend to examine voting behavior at too high a level of generality. By examining a more focused areas of legal policymaking (e.g. free speech cases) for Anthony Kennedy, we find that the justice's more "normal" predilections (i.e. conservatism) give way to other driving forces, producing outcomes at odds with expectations of how Justice Kennedy normally votes.

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Document Type: .pdf
Page count: 26
Word count: 8619
Text sample:
Conservative Attitudes and Libertarian Ideologies on the Rehnquist Court: The Case of Anthony Kennedy and the First Amendment Right of Free Expression. Patrick D. Schmidt Political Science Department Southern Methodist University P.O. Box 750117 Dallas TX 75275­0117 David A. Yalof Department of Political Science University of Connecticut 341 Mansfield Road Unit 1024 Room 137 Storrs CT 06269­1024 Prepared for delivery at the 2002 Annual Meeting of the American Political Science Association Boston Mass. August 31 2002 2 I. Introduction
-- 2000 Terms (N = 23)* Stev Sout Gins Brey Kenn O'Con Rehn Thom Scal Stevens ** Souter 87.0 ** Ginsberg 82.6 78.3 ** Breyer 65.2 60.9 82.6 ** Kennedy 60.9 47.8 52.2 52.2 ** O'Connor 43.5 39.1 52.2 78.3 47.8 ** Rehnquist 39.1 43.5 30.4 65.2 47.8 69.6 ** Thomas 30.4 34.8 30.4 39.1 60.9 52.2 65.2 ** Scalia 21.7 26.1 21.7 39.1 52.2 52.2 73.9 91.3 ** *Note: N = 23 is the norm but non­participation varies


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