According to Noah Feldman, a professor of constitutional and international law at Harvard University, the decision in the Arizona immigration case, like the upcoming health care decision, came down to Justice Anthony Kennedy. Liberals should not get too excited about what it might mean for Obama’s health care reform. On the same day that the Arizona decision came down, the Court issued a one-page curiam opinion invalidating a Montana law that limited political contributions by corporations. The Montana case gave the Court—meaning Kennedy—a chance to revisit a ruling that gave rise to the super-PACS. Had the Court given the case full consideration, it might have found some way to distance itself from the consequences of Citizens United. That it did not do so suggests Kennedy is comfortable with his role as the decisive conservative vote in that decision.
Justice Kennedy leans liberal - for now (Bloomberg)
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