Call Me Tony Kennedy


The Atlantic's "Voices" team is in a 1-1 deadlock on whether Elizabeth Warren is the right choice to head the new Consumer Financial Protection Agency.

Megan McArdle has come down hard against Ms. Warren and her qualifications (with various come-back-hard replies in the comments section, here, etc). Joshua Green has just weighed in with a declaration that by selecting Elizabeth Warren, the Obama Administration would be "doing the right thing."

As the Court's swing vote, I declare myself in favor of Elizabeth Warren's appointment.

It is so ordered.

(After the jump, explanatory note for readers outside the United States.)

Note for non-US readers: Justice Anthony Kennedy has succeeded former Justice Sandra Day O'Connor as The Most Important Person in American Jurisprudence, by setting himself up as the coveted swing vote in the Supreme Court's endless 5-4 splits. Therefore a person who aspires to maximize his or her own personal leverage over the law dreams of being Anthony-Kennedy-at-this-moment.

"It is so ordered" is the way these rulings end.

Also, (Chief) Justice Sullivan, in obiter dicta, has indicated his support for the appointment.