The Alito/O'Connor Switch

Abstract

There are many factors that define the current Roberts Court, not the least of which is the dominant personality and determined approach of the Chief Justice himself. But a close second, or even arguably the leading determinant of the Court's current direction, is the replacement of Sandra Day O'Connor with Samuel Alito in January 2006. And my task today is to look at some of the cases that are freshest from the recent Term that show the consequences of this succession.