If Stevens and Ginsberg would resign in the next couple of months, it wouldn't really matter if Kennedy became a member of the Communist party. The amount of damage he could do would be severely limited.
Stevens will never resign. He has been quoted as saying he is holding out for a dem president. He would have to die and since he still plays tennis and is very healthy for his age I doubt bush will get another appointment.
Ginsberg is the same way. She will never retire with bush there.
Kennedy is going to be the deciding swing vote for the liberals in all these cases. His decisions the last 5 years have been horrible. Remember last year when he reversed precedent on the death penalty for minors quoting international law.
Kennedy is also going to be the 5th vote in the texas redistricting case for the liberals.
What I don't like about Kennedy the most is that souter and breyer have his ear.
Too bad Kennedy isn't older so he could retire. It you could just get him off the court and put any decent kind of a conservative on it the court would have a dramatic difference.
The court as it is now with Kennedy going to be the swing vote is going to cause conservatives more misery.