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 decisions scope and directionusually, in Chief Justice Robertss 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 overturneda position no other sitting justice has endorsed since Antonin Scalia died in 2016.
(Excerpt) Read more at wsj.com ...
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.
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.
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.
Yes, I thought that too so I was asking for some examples/evidence. Pretty broad statement there...looking for specific examples beside O’conner.
Yes, I thought that too so I was asking for some examples/evidence. Pretty broad statement there...looking for specific examples beside O’conner.
Is John Roberts racist? Not wanting dissent cases falling to Thomas.
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.
Consider yourself flamed and save me the effort. Thanking you in advance.
You're an idiot.
As you can see, I am never equivocal.
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.
Hes been peddling his misogyny on all the Barrett threads. Ignore
Every rat voted against her. Compare that to the RBG vote.
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.
??? 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? :-)
She’s solid. Take a Xanax.
Compare that to ANY RAT justice we always vote for their justices they NEVER do!!
And Mitch McConnell and the GOP Senate deserve credit for it.
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.
And Breyer is sick. Past it on.
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.
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