Hardiman, meanwhile, looks like the centrist of the group. According to the common space scores, he'd fall somewhere just to the left of Chief Justice John Roberts and just to the right of Kennedy, often the court's swing voter. But despite the centrist score, Hardiman's record does reveal conservative bona fides, as SCOTUSblog laid out: He has taken an expansive view of the right to bear arms, voted against inmates in death penalty cases and proven unsympathetic to many free speech claims. Also notable for a court that may face a challenge to its past ruling in Roe v. Wade: Hardiman has not yet ruled directly on abortion issues.
Epstein and the scholars Andrew Martin and Kevin Quinn studied potential nominees in a paper back in September and noted that Hardiman could significantly change the dynamics of the court. ”Were he to replace Scalia, there is some possibility that he would relieve Kennedy of Kennedy's ‘super median' status," they wrote. ”Hardiman or Kennedy could form majority coalitions with the left or right side of the Court — in much the same way that Kennedy and O'Connor did in the 1990s-2000s."