Here’s an interesting post touching on Alito, gay rights, and Kennedy becoming the new swing justice. See the comments as well. Of course, Kennedy’s becoming the swing vote merely means that the Court will move to the right, not that Kennedy will move to the left, but Balkin notes that Kennedy “supports gay rights claims a bit more than O’Connor.” One of the commenters notes that in Lawrence, O’Connor’s concurrence was limited to the issue of equal protection, whereas Kennedy’s majority opinion was broader, focusing on due process and liberty while also incorporating O’Connor’s equal protection argument.

Another commenter thinks that Chief Justice Roberts might be a swing vote on gay rights.

Finally, here’s a piece on Alito and a couple of gay harrassment cases.