Posted on 11/01/2020 9:52:06 AM PST by Who is John Galt?
...the senior Justice in the majority in any case is the one who assigns the majority opinion, and the Chief Justice is senior even to the Associate Justices who may have been on the Court longer than him...
But if the Chief Justice sides with the liberals, and winds up in the minority of a 5 to 4 case, the senior Justice in the majority would be Clarence Thomas . . . and Justice Thomas is by no means a shrinking violet.
[Quoting James Taranto] "Justice Thomas is something of an anti-Roberts. His lone concurrences and dissents are usually not incremental but adventurous, urging colleagues to break new legal ground or rethink old precedents. In June Medical Services, he argued that Roe v. Wade was wrongly decided and should be overturned — a position no other sitting justice has endorsed since Antonin Scalia died in 2016."
The Chief Justice could well decide to vote with the conservative majority in some cases not because he is strongly conservative, but to soften the impact of a decision... The Chief Justice could, in theory, assign to himself the majority opinion in a controversial case, yet see an opinion by Justice Thomas gain more concurrences than his own. If a strongly conservative cabal of Associate Justices Thomas, Barrett and Samuel Alito emerged, possibly including Neil Gorsuch, Concurring in the decision, opinions might be written which gained majority support, while the assigned majority opinion does not....
(Excerpt) Read more at redstate.com ...
Over which decision?
Misspelled Kavanaugh
His decisions allowing PA and NC to be able to extend ballot counting days after the election.
I do agree - Justice Thomas and Justice Alito also are both very Constitutional in their mindset, my hero on the court was Antonin Scalia, greater minds than these would be hard to replace.
I haven’t read enough on the decisions so I cant say. But I do know one thing, states must provide Electors for the official vote on Electoral College on December 14. So I would guess, if the writing is clear and it’s on paper, MI and NC are permitted to count votes after the Election while WI is not allowed to do that.
Let’s hope so.
I think the PA decision re: ballot counting reflects a reluctance to enter into a decision against a state supreme court decision about a state election law. Circumstances could change if PA wants to change the election rules again. The USSC would probably take a dim view of that.
Very VERY true - Justice Thomas made his view quite clear in Gonzales v. Raich:
"Respondents Diane Monson and Angel Raich use marijuana that has never been bought or sold, that has never crossed state lines, and that has had no demonstrable effect on the national market for marijuana. If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything—and the Federal Government is no longer one of limited and enumerated powers..."
They were not "hold ups". It was illegal in Ireland for Irish children to be adopted by foreign parents. Roberts' Irish children were "trafficked" from Ireland to Central America, and the adoption occurred there in order to skirt Irish law so Roberts could have children that were Irish like him.
While the Irish birth parents, Irish lawyers, intermediaries and Justice Roberts all knew what they were doing, it's hard to say who exactly broke the law. Probably only those subject to Irish law. The children are adults now, so it's hard to see how this could still be held against him, or why details should not be made public.
I bet somewhere in their archives, the NYT still has the full story they were going to publish during Roberts' confirmation.
Well he is not going to die in a hunting cabin with a pillow over his head. The democrats love him too much.
” It was illegal in Ireland for Irish children to be adopted by foreign parents. Roberts’ Irish children were “trafficked” from Ireland to Central America, and the adoption occurred there in order to skirt Irish law so Roberts could have children that were Irish like him.”
That sounds like a hold up that went away to me.
The central American connection was rumored to be “John of God”
State Courts cannot rewrite federal election laws.
Agreed. Allowing ballots to be counted AFTER election day is so freaking bad. This is the worst decision after R v. W
Well yes, but they do run their own election systems up & to a certain point. Once they step on federal turf I expect the USSC will slap them down, and maybe sooner. If PA starts exceeding their own counting deadlines that might trigger a response.
Amy Coney Barrett has made Roberts irrelevant.
This point was made more succinctly a week ago here: http://freerepublic.com/focus/chat/3897669/posts?page=1265#1265
Yes, absolutely. They need to review the NSA unmasking and contractor records from the 6 months before the Obamacare decision, figure out who was doing it, and then use that to track down what they found out. Eliminate whoever committed extortion on the Supreme Court, and if Roberts allowed himself to be blackmailed, he needs to be told to resign, too.
I’m for that. Say about... well what would you say, 1,500 feet? Toss him out and see if he can fly?
roberts would just change sides to control the opinion to have it watered down.
1,500 feet is a good number.
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