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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: pghoilman

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.


There’s also a time limit prior to the election. 90 days maybe? It’s called a “Safe Harbor” law, and references the House abiding by the law as it stands so many days prior to the election.


41 posted on 10/26/2020 5:21:49 PM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: ameribbean expat; AuH2ORepublican; BillyBoy; campaignPete R-CT

Scalia deserved to be Chief, but Bush wasn’t about to have an extra vote despite a 55-45 majority.

Thomas deserves to be Chief now.

Given Senate acrimony, Rehnquist may go down as the last Associate Justice elevated to Chief.


42 posted on 10/26/2020 5:22:10 PM PDT by Impy (Thug Lives Splatter - China delenda est)
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To: M-cubed

With people like you, truth is gas. I have no problem speaking the truth (and I said I may be wrong about this particular woman) about the perverse Women’s’ Movement.

Go pound sand.


43 posted on 10/26/2020 5:25:50 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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To: Mears

Yes, I thought that too so I was asking for some examples/evidence. Pretty broad statement there...looking for specific examples beside O’conner.


44 posted on 10/26/2020 5:31:39 PM PDT by LibertyWoman ( TRUMP 2020, because...(see bumper sticker for the ending))
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To: Mears

Yes, I thought that too so I was asking for some examples/evidence. Pretty broad statement there...looking for specific examples beside O’conner.


45 posted on 10/26/2020 5:31:39 PM PDT by LibertyWoman ( TRUMP 2020, because...(see bumper sticker for the ending))
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To: ameribbean expat

Is John Roberts racist? Not wanting dissent cases falling to Thomas.


46 posted on 10/26/2020 5:34:35 PM PDT by jacknhoo (Luke 12:51; Think ye, that I am come to give peace on earth? I tell you, no; but separation.)
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To: ameribbean expat

Actually, there are now there are only 3 liberals on the supreme court. Roberts is shaky, but he wants to be in majority, so I do not think he will vote with them anymore.


47 posted on 10/26/2020 5:36:03 PM PDT by AZJeep (https://www.youtube.com/watch?v=O0AHQkryIIs)
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To: Jim W N

Consider yourself flamed and save me the effort. Thanking you in advance.


48 posted on 10/26/2020 5:36:07 PM PDT by BipolarBob (Rome wasn't built in a day. All Hail the night shift!)
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To: Jim W N
Women and especially women judges tend to be equivocal.

You're an idiot.

As you can see, I am never equivocal.

49 posted on 10/26/2020 5:36:26 PM PDT by M. Thatcher
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To: Impy
-- Given Senate acrimony, Rehnquist may go down as the last Associate Justice elevated to Chief. --

Not so. When CJ croaks, senate will have to choose a new CJ. Roberts had two votes. One to become AJ, a seaparate vote shortly after to take CJ slot.

50 posted on 10/26/2020 5:37:53 PM PDT by Cboldt
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To: M. Thatcher

He’s been peddling his misogyny on all the Barrett threads. Ignore


51 posted on 10/26/2020 5:38:02 PM PDT by Mom MD
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To: AFB-XYZ

Every rat voted against her. Compare that to the RBG vote.


52 posted on 10/26/2020 5:40:50 PM PDT by gcparent (Justice Brett Kavanaugh)
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To: Cboldt

No, he didn’t have 2 separate votes. They are entirely separate positions.

You may be confused because he was first nominated to replace O’CONNOR, who retired. When Renquist died that nomination was withdrawn and he was renominated to replace Renquist.


53 posted on 10/26/2020 5:44:48 PM PDT by Impy (Thug Lives Splatter - China delenda est)
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To: gcparent

??? So Manchin and Sinema didn’t vote for her after all?

In that case, the article I posted the link to is wrong. Damn it.

But she’s confirmed, that’s what’s important. Now for the sky-screamers to do their thing and throw their tantrums.

Sweetest of all is knowing that it won’t do them any good. Cruel, aren’t I? :-)


54 posted on 10/26/2020 5:44:54 PM PDT by AFB-XYZ (Option 1 -- stand up. Option 2 -- bend over.)
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To: Jim W N

She’s solid. Take a Xanax.


55 posted on 10/26/2020 5:46:16 PM PDT by Lazamataz (The NYT commits acts of violence with their words.)
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To: gcparent

Compare that to ANY RAT justice we always vote for their justices they NEVER do!!


56 posted on 10/26/2020 5:46:43 PM PDT by Trump Girl Kit Cat (Yosemite Sam raising hell)
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To: DOC44

And Mitch McConnell and the GOP Senate deserve credit for it.


57 posted on 10/26/2020 5:46:45 PM PDT by Rockingham
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To: Jim W N

there’s only been 2 women appointed by a republican; one we know went left but one just got confirmed today. There are several men that have been appointed by reps that turned left so your argument that women sell us out and men don’t is based on crap and nothing more.


58 posted on 10/26/2020 5:47:13 PM PDT by spacejunkie2001
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To: ameribbean expat

And Breyer is sick. Past it on.


59 posted on 10/26/2020 5:48:39 PM PDT by samadams2000 (Get your houses in order.)
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To: Jim W N
We have a smaller sample size with women, but plenty of men moved to the left.

There was nothing tentative about Janice Rogers Brown.

Anyway, Barret is a million times more conservative than Gorsuch, and Kavanaugh. Even if she moves to the right, she'll probably be to the right of them.

60 posted on 10/26/2020 5:50:37 PM PDT by nickcarraway
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