Stuart Taylor predicts that the Court will base its decision on politics. Taylor -- contributing editor for Newsweek and the National Journal -- argues that, with no clear precedent, it's hard to predict. If it comes down to the question of whether Congress is doing the right thing, I believe that Justice Kennedy will side with the liberals and uphold the law. However, there's a judge in Florida and one in Virginia who seem to be leaning the other way -- and Supreme Court Justices Roberts, Thomas, Alito and Scalia will lean with them. So it's going to be a nail-biter.
And yes, you're right, politics isn't supposed to drive the Supreme Court. But it does, all too often. Jennifer