The conventional wisdom is that Sonia Sotomayor's appointment to the U.S. Supreme Court doesn't make a whole lot of difference, because there's not much meaningful ideological distance between her and her predecessor, Justice David Souter. So, the party line goes, the court will still be stuck in the familiar 5-4 or 4-5 split, depending on how Justice Anthony Kennedy is feeling that day. But there's a debate brewing as to whether that's really the case in land use and property rights law.
