"Justice Kennedy, who more often joins the court’s conservative wing in
ideologically divided cases, was in this case in a coalition with the
court’s four more liberal members. That alignment has sometimes arisen
in recent years in cases that seemed to offend Justice Kennedy’s sense
of fair play."
Presumably, because of these decisions, some fraction of defendants will get shorter sentences than otherwise, and perhaps some will even be acquitted when they would not otherwise have been. Multiply the number of defendants effected by the length of time each avoids in prison, and you'd be able to say that the Kennedy's "sense of fair play" putting him on one side rather than another in these two cases, determined--purely arbitrarily--x person-days of incarceration. I obviously have no way of guessing what the value of x would be in this case, but given how massive the U.S. justice system is, and the prevalence of plea-bargaining in the context of woefully inadequate resources for public defenders, even if the rate is relatively low, the absolute totals could easily be mind-bogglingly massive.
It is strange to contemplate the last remnants of truly substantial, arbitrary, individual power in the contemporary world. Of course, in some ways that's making a comeback, now that it's the official policy of the U.S. that the President can order the death-by-remote-control of more or less anyone, anywhere, and that individual billionaires can bankroll political campaigns without restriction.
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