Suppose for a moment that in their initial vote, homosexual marriage lost 5-4. If these 2 kicked themselves off with planned outrageous behavior that 5 would still stand, and it would be known that the 5-2 was still 5-4.
Would there be an advantage to such behavior?
However, what if the vote were 4-5 and homosexual marriage won. Getting 2 judges kicked off the case would be a 4-3 win for marriage and would generate a firestorm for years.
Let’s say, though, that a judge was torn, and it was a 4.5-4.5 vote based on something technical to him like ripeness or state’s rights.
Would they plan a scheme that would bring the case back to the court within a few years to see if they could more easily ram it through? Are they that Machiavellian?
Or am I a conspiracy theorist? :>)
You are thinking too much. Obama just stacked the court with lesbos because he knew how they would vote.
Go look at all the old articles during the pre-nomination period.
Every person under consideration was a lesbian.