More on Swing Justices

A couple of weeks ago I posted that we are probably reaching the end of Justice Kennedy’s reign as the “swing Justice,” and perhaps the end of any one member of the Court being that person.  I just wanted to follow-up with some additional thoughts.

The concept of a “swing Justice” appears to be a product of the twentieth century.  In the nineteenth century, there were times where a particular Justice was a leader of the Court (think John Marshall), but that was different from saying that this person was the median vote. Owen Roberts was the first swing Justice in the modern sense (from 1932 to 1937), but the first one who was given that title was Byron White, in a 1972 New York Times profile. After that the term became a lot more popular.  Why I’m not sure.

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