Much ink has been spilled over how Justice Anthony M. Kennedy, after Justice O'Connor's replacement by Judge Alito (knock on wood), will become the Supreme Court's one and only "swing justice." Well, if that's the case, then meet the four swinging AMK clerks, for October Term 2006:
1. David Foster (Harvard '05/Kozinski)
2. Lisa Marshall (Yale '05/Leval)
3. Eric Murphy (Chicago '05/Wilkinson)
4. Mark Yohalem (Harvard '05/Rymer)
This is an interesting crew. Compared with the current crop of Kennedy clerks, which balances a Garlandista and a Tatel Tot against a Kozinski clerk and a Roberts clerk, this group may skew slightly more conservative: only of the four (Lisa Marshall) comes from a liberal feeder judge (Leval).