Decider on the High Court

But Kennedy was exactly what Reagan thought -- "a true conservative" and "a courageous, tough, but fair" jurist.

The 1987 edition of the Almanac of the Federal Judiciary went further, describing Kennedy as "courteous, stern on the bench, somewhat conservative, bright, well-prepared, filled with nervous energy, asks many questions, good analytical mind, not afraid to break new ground, open-minded, good business lawyer, hard to peg, an enigma, tends to agonize over opinions."

None of those terms need revision 21 years later.

Because of these traits -- and the close balance between the ideological blocs -- Kennedy has had more influence on domestic affairs than any member of Congress -- and even more than the president. In the term just ended, he wrote the 5 to 4 opinions that limited the death penalty to cases of murder and that granted terrorism suspects access to the federal courts. He was also the swing vote on the decisions that struck down the District of Columbia's ban on handguns and killed the provision of the McCain-Feingold campaign finance law benefiting candidates opposing self-financed millionaires.

In 2006 and 2007, Kennedy played the same central role in cases ranging from military commissions for detainees to gay rights, from abortion to police powers, from environmental regulation to affirmative action.

"There's nowhere else to go," Northwestern law professor Lee Epstein once told The Post. "There is this giant hurdle called Kennedy."

Not bad for a third choice.

davidbroder@washpost.com