Judge Moylan attributes the low number of cases to the retirement of Justice Powell and the confirmation problems with Judge Bork and Judge Ginsburg. Justice Kennedy's confirmation commenced the final week in February and that also accounted for less production. Personnel developments are also demonstrated by less polarization among the justices with Justice Rehnquist writing the majority opinion upholding first amendment freedoms, and Justices Blackmun and Stevens indicating some conservative positions. Ironically, Justice Kennedy is perceived to be more conservative than Bork who experienced a very tough battle for confirmation because of his conservative political philosophy. Cases are distinguished according to amendment applicability. Judge Moylan summarizes each case and describes their future impact.