What else to make of his op-ed today, "Roberts and Alito Misled Us?" Kennedy appears to be sending a message, that should Bush have the opportunity to appoint another in the Roberts, Alito mold, it'll be "no go." Now that there's been a term's worth of votes on record by Roberts and Alito, their professed neutrality during their confirmation hearings has been put to scrutiny and Kennedy's view is that they've markedly departed from their representations. No nominee, Democrat or Republican nominated, should be able to get away with such fakery. Here's hoping that the sham hearings will not occur on the next occasion, replete with actual school cheerleaders as the nominee arrives in the morning.
Of course, if Kennedy's belief "...that the next justice will be nominated by a Democratic president and be sent to a Democratic Senate for confirmation" comes to pass, I'm sure the Republicans will most agreeably sign on to Kennedy's suggestions for heightened scrutiny.