Posted on 10/26/2020 4:38:50 PM PDT by ameribbean expat
The chief justice is an especially potent swing voter, because he also has the power to assign authorship of the majority opinion, including to himself. That can help shape a decision’s scope and direction—usually, in Chief Justice Roberts’s case, by making it more tentative.
If the chief justice is in dissent, however, the assignment power falls to the most senior associate justice in the majority. Clarence Thomas is now the most senior justice, so he will assign authorship any time he is in the majority and Chief Justice Roberts dissents.
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.
(Excerpt) Read more at wsj.com ...
Do any of you legal eagles know if there is time for the new Supreme Court to reverse Pennsylvania Supreme Court decision to allow vote counting in that state for three days after November 3rd?
I heard somewhere there is a pending case in the state that only permits the state legislature to make such a change to election law. Perhaps that is the path?
Hope so even though as I have posted on other threads, I think picking a woman to be a Justice is a mistake but I’ll hope for the best.
Women and especially women judges tend to be equivocal. I wouldn’t be surprised if she started to turn Left upon entering the doors of the Supreme Court.
It’s hard for me to imagine she would be willing to take the heat and probable threats to her and her family by forsaking her “sisters’” Woman’s Movement and be talked out of or pressured from voting to overturn the utterly unconstitutional Roe v. Wade.
The sign at the door of the Supreme Court says, “Turn Left”. Not sure she has the guts and fortitude. Does she have a husband and kids? As Palin showed, when a woman’s family is being threatened, they will buckle.
I just hope for the best.
I love Trump but I’m not a mindless “Yes Man”. I think he would appreciate that, at least I would hope so.
Now, let the flaming begin once again…
Yes they have the ability to accelerate things if enough justices vote to do so. Who knows.
Only 2% of cases submitted to the supreme court get enough votes to be heard at all on the regular schedule, letting lower court decision stand.
Funny how we thought we already had one a few years ago. Boy were we fed a load of malarkey.
Well, I do think that this piece is basically right. Roberts would undoubtedly prefer to be in the majority of a modestly conservative 6-3 decision he wrote himself than in the minority of 5-4 decision with Thomas writing for the majority. BUT don’t assume that he can’t peel off Kavanaugh or Gorsuch or both. Kavanaugh has shown hints of being an establishment guy too. And Gorsuch seems to enjoy winning accolades from LGBT etc.
Bro, it’s not bad enough that you post a chauvinistic, backwards, absurd and infantile post on one thread??
You want to make yourself an ass on multiple threads??
Well you succeeded :)
She’s gonna be great.
I’d list all of the “superior sex” folks that turned hard left once being put on the SC, but it wouldn’t matter to you
your poor wife :)
It will be his demise.
I have a feeling her rulings will be very fair and Scalia-esque but that she’s definitely not beholden to ideology either.
Good reveal of SC politics.
Roberts likely will not go “rogue”, now, preferring to write a more “tentative” majority opinion, himself.
I will sure be glad that ACB will be able to prevent him from handing this election to Democrats with 4-4 decisions.
You’d be wrong about this one though I agree women are emotive .....no question
There are always exceptions to every rule. For example, Boudicca. Catherine the Great. Margaret Thatcher. Kristi Noem. ACB will be fine.
The SC just struck down Wisconsin’s extension to receive votes 6 days beyond election dsy 5-3. That idiot Roberts went with the conservatives on this one when just last week he went with the liberals to allow PA to receive ballots up to 3 days after election day. North Carolina cleaning 130000 names off their voting rolls and Michigan extension of voting are up for consideration next. Barrett is there just in time for them.
Roberts is a politician. Rather than let justice Thomas write the decision he would vote with him
I missed Graham’s speech. Would very much like to watch it. Not a great fan of his, but if he did well, he did well. How long does it usually take to upload? Anyone have a link? Thanks in advance.
Yes. Tbe RNC is attempting to do just that.
The worst GOP picks of late have been Roberts, Souter, and Kennedy. All men. I’ll take Barrett over any of them.
Done deal already 52 yes votes
What a mean, mediocre liberal you seem to be.
You understand nothing.
congratulations to everyone, beginning with her nomination by President Trump.
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