What a High Court Swing Vote Exit Would Mean for Benefit Cases

It’s that time of year again. Supreme Court watchers are patiently waiting for decisions and speculating wildly about the possible departure of the high court’s swing vote: Justice Anthony Kennedy.

The departure of the current longest-serving justice would mean the loss of the most institutional knowledge on the court, including the most experience in employee benefits cases.

Kennedy has written the second-highest amount of majority and separate opinions in employee benefits cases of all the sitting justices. His record is bested only by Justice Clarence Thomas, who has been the court’s most prolific author in Employee Retirement Income Security Act ...