This post was originally posted at The New Democrat on Blogger
A lot of the Supreme Court's 5-4 rulings where the right-wing comes out on top 5-4 looks fishy to me. And looks like an example of where the Tea Party and their big money backers have bought those five right-wing justices. And those five justices are just there to protect the wishes of the partisan right-wing of the Republican Party. The hard libertarian-right and the far-right. The campaign finance decisions are a perfect example of that.
But as Laurence Tribe mentioned in his talk you'll see cases where Supreme Court rules 5-4 in favor of the Left, but where the so-called swing vote Anthony Kennedy who I believe is more of a Libertarian than anything else, at least a Conservative Libertarian will rule with the Right. And with Chief Justice Roberts or Justice Sam Alito ruling with the Left instead of Justice Kennedy. Or Justice Antonin Scalia perhaps the Tea Party's favorite Justice ruling with the Left when it comes with the privacy issues.
Actually if you look at most of the Supreme Court decisions they tend not to be 5-4 either way. And a lot of them are 6-3 or 7-2. The Justices agree on a lot more than they get credit for. Its really just the controversial decisions where there are clear differences between the Left and Right that makes the Supreme Court look a lot more partisan than it is. Like with campaign finance or corporate power, unions affirmative action to use as examples. So the Supreme Court is not as radical as it tends to get portrayed especially by the radical-left.