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We May Get a Conservative Chief Justice
WSJ Op-Ed ^ | James Taranto

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 ...


TOPICS: Government
KEYWORDS: clarencethomas; roberts; scalia; thomas
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To: ConservativeInPA

That has been debunked. Different Roberts.


21 posted on 10/26/2020 5:05:04 PM PDT by Michael.SF. (Youth, and speed can always be overcome with experience and treachery.)
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To: DOC44

I just saw an article saying 54 yes, 46 no. Collins as usual was a turd.


22 posted on 10/26/2020 5:06:50 PM PDT by AFB-XYZ (Option 1 -- stand up. Option 2 -- bend over.)
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To: MAGAthon

The old lady from Maine must have been the only republican to vote no.


23 posted on 10/26/2020 5:07:23 PM PDT by DOC44 (A)
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To: AFB-XYZ

Botn Manchin and Simeca for the Democrats also voted yes.

https://talkelections.org/FORUM/index.php?topic=400390.0


24 posted on 10/26/2020 5:08:10 PM PDT by AFB-XYZ (Option 1 -- stand up. Option 2 -- bend over.)
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To: ameribbean expat

So now 5-4 Court.

Constitutional Conservatives:
Thomas
Alito
Grouch
Kavanaugh
Barrett

Liberal activists:
Breyer
Kagan
wise latina Sotomayor
Roberts


25 posted on 10/26/2020 5:08:49 PM PDT by A strike (FrontTowardEnemy)
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To: AFB-XYZ

52 to 48 final vote


26 posted on 10/26/2020 5:08:49 PM PDT by DOC44 (A)
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To: AFB-XYZ

Sorry, “Sinema”. The excitement got to me.


27 posted on 10/26/2020 5:08:59 PM PDT by AFB-XYZ (Option 1 -- stand up. Option 2 -- bend over.)
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To: DOC44

Not according to the article I Just posted the link to.

Strange. But no matter, a win is a win! :-)


28 posted on 10/26/2020 5:09:54 PM PDT by AFB-XYZ (Option 1 -- stand up. Option 2 -- bend over.)
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To: ameribbean expat

Barrett is a true Conservative. She understands precedent better than most lawyers. She also has the mental stamina to stand up to any challenge.don’t worry about her being weak minded.


29 posted on 10/26/2020 5:11:26 PM PDT by amihow
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To: ameribbean expat

I would love to just clone Clarence Thomas 8 times but Justice Barrett will be great, I’m sure.


30 posted on 10/26/2020 5:12:08 PM PDT by \/\/ayne (I regret that I have but one subscription cancellation notice to give to my local newspaper)
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To: wiseprince

No no... Roberts said he was super serious totally objective and never let politics or personal ego cloud his judgement.


31 posted on 10/26/2020 5:12:20 PM PDT by Skywise
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To: Jim W N

What do you base that on? I believe Sandra Day Oconner was the only female SC justice which was supposedly conservative but turned left once on the court. The other ‘women’ justices were hard left when nominated. So what other women judges are you so familiar with?


32 posted on 10/26/2020 5:12:38 PM PDT by LibertyWoman ( TRUMP 2020, because...(see bumper sticker for the ending))
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To: A strike

Grouch?


33 posted on 10/26/2020 5:14:22 PM PDT by Blennos
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To: Bullish

Typical RINO pick....they are never what we are promised!!!!


34 posted on 10/26/2020 5:15:13 PM PDT by ontap
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To: Jim W N
Now, let the flaming begin once again…<<<

LOL.....I nominate you as the “Monk of the year”...Youve covered your self in gas and are asking for a light....If someone gives you one you can claim VICTIM status!!.....You could have had a much bigger audience at DU and been a HERO if you had the balls to bring your own lighter!.... That's just IMHO..but I welcome yours....../s

35 posted on 10/26/2020 5:15:49 PM PDT by M-cubed (The MSM is now the 4th Branch of Government.....)
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To: ameribbean expat

I don’t mind a moderate Chief Justice.
Especially now that we have 3 conservatives on the court.

(So: 3 conservatives, 3 moderates, and 3 nutcases.
Liberals notably nonexistent.)

A truly moderate Chief brings authority to a divided court though he will err.


36 posted on 10/26/2020 5:15:54 PM PDT by mrsmith (US MEDIA: " Every 'White' cop is a criminal! And all the 'non-white' criminals saints!")
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To: pghoilman

Forget it.
It’s an axiom of the moderates that election rulings not change things close to an election... and certainly not after.
Conservatives may even support that view.


37 posted on 10/26/2020 5:18:32 PM PDT by mrsmith (US MEDIA: " Every 'White' cop is a criminal! And all the 'non-white' criminals saints!")
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To: LibertyWoman

I think he was referring to all judges,not just the SCOTUS justices.


38 posted on 10/26/2020 5:20:08 PM PDT by Mears (...)
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To: Empire_of_Liberty

I don’t think Roberts would like being on the dissent all the time.

He will side with the majority a lot.

He’s a worm.


39 posted on 10/26/2020 5:20:29 PM PDT by FroggyTheGremlim (I'll be good, I will, I will!)
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To: dp0622

Did I say it was for sure? No But I gave reason for being concerned. I also said basically I hope I am wrong. But it is an opportunity to express something few will express because of the mindless firestone that follows.

People like you have no real rationale behind your wild overreaction. You just mindlessly want to shut down and rationale that you don’t agree with. You’re a lot like the Left.


40 posted on 10/26/2020 5:21:11 PM PDT by Jim W N (MAGA by restoring the Gospel of the Grace of Christ and our Free Constitutional Republic!)
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