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Conservative Justices Warn Kavanaugh and Barrett Lack 'Fortitude' | Opinion
Newsweek ^ | 7/6/21 | JOSH BLACKMAN

Posted on 07/07/2021 4:35:21 AM PDT by george76

For the first time in a generation, there are six conservative justices on the Supreme Court. In time, this sextet will incrementally push the Court to the right. Yet, three of them are already sounding an alarm. Twice this term, Justices Clarence Thomas, Samuel Alito and Neil Gorsuch warned that Justices Brett Kavanaugh and Amy Coney Barrett lack backbone.

In an excessive force case, the conservative trio wrote that the two newest Justices were "unwilling to...bear[] the criticism that" denying the prisoner's appeal "would inevitably elicit." And in a religious liberty case, the Thomas-3 charged that Kavanaugh and Barrett lacked the "fortitude" to overrule a controversial precedent. The conservatives implied a similar fissure in several other cases.

It is fairly common for justices to criticize their colleagues' legal judgments. But it is rare for justices to claim that their colleagues are motivated by cowardice. The putative 6-3 conservative majority is, in fact, far from monolithic. At present, we have a 3-3-3 Court. There are three progressives, three conservatives and three members in the middle. Only time will tell whether Justices Kavanaugh and Barrett will sidle up to Chief Justice John Roberts' P.R.-based jurisprudence, or whether they will stand on their constitutional principles.

...

Look no further than Chief Justice Roberts, who has withered away to a hollow shell of the jurist he once was. Now, Roberts strives to achieve moderation for the sake of moderation—regardless of any actual governing legal principles. I pray that Justices Kavanaugh and Barrett, both of whom I deeply respect, resist that siren song. They should instead follow Hamilton's lead and rely on "nothing...but the Constitution and the laws."

(Excerpt) Read more at newsweek.com ...


TOPICS: Crime/Corruption; Editorial; Government; News/Current Events; Politics/Elections
KEYWORDS: alito; barrett; clarencethomas; genderdysphoria; gorsuch; homosexualagenda; kavanaugh; neilgorsuch; roberts; samuelalito; scotus; supremecourt; thomas
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To: george76

I think part of “our” problem is we keep appointing absolute purists who don’t view the Constitution the way Conservatives do.

What we need are clear conservative ideologues who think like us on SCOTUS.

It’s the ONLY way to counter the leftists. They have no issue appointing leftist justices who ignore the Constitution whenever it conflicts with their ideologies.

I remember Barrett saying something about deciding against “personal opinion” when it conflicts with she thought was Vo constitutional intent..

This would NEVER come our of the mouth of a leftist Justice.

Read Men I’m Black by Levin. Relying on Judicial precedence rather than what the drafters of the Constitution really intended has resulted in a series of catastrophic decisions, each based on earlier ertorwhich have taken us further and further from the original document.


21 posted on 07/07/2021 5:25:19 AM PDT by ZULU (Impeach John Roberts, Coney-Barrett, Kavanaugh and Gorsuch. TRAITORS)
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To: george76

Kavanaugh And Barrett a big disappointments.
Afraid of their own shadows.


22 posted on 07/07/2021 5:27:39 AM PDT by tennmountainman ( Liberals Are Baby Killers)
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To: 9YearLurker

“The same gullibles who only woke up to the Bushes a couple of years ago are now still certain that Trump was just hoodwinked.”

You think Trump deliberately appointed judges who would kick him out of office?

Trump’s problem was that he was alone in Washington. There was almost no one else in the Republican Party who shared his ideology. He was forced to pick a collection of corporate Republicans, and it is no surprise that they are intent to set the nation back on the path the free trade and open borders.


23 posted on 07/07/2021 5:30:38 AM PDT by Renfrew
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To: george76
Kavanaugh and Barrett lacked the "fortitude" to overrule a controversial precedent

When Kavanaugh went thru those awful hearings I knew he was a lightweight when he said stupid things like "I like Beer". Nobody of substance and gravitas would have went there. As far as AMY, her lack of preparation told me she was more interested in raising her children than being a substantive justice, and I was right there as well.

24 posted on 07/07/2021 5:30:52 AM PDT by 1Old Pro (Let's make crime illegal again!)
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To: george76

Most judges, not just on the Supreme Court, appointed by Republican presidents soon turn liberal.


25 posted on 07/07/2021 5:33:51 AM PDT by euram
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To: polymuser; Pelham

You could have simply said conservatives or the name most use.....Republicans ....don’t like being called racist

It’s why now for several generations so called called conservative in talk radio and the GOPe have thrown my ancestry under the bus

Something Reagan and Goldwater and Buckley and so on would not do but Beck and Levin and Hannity do almost daily

There is nothing modern day conservatives fear more than being told they are mean to black people

It makes them hysterical and they lose any sense of reason and proportion

Worse some get drunk on and addicted to the incessant self righteous posturing and virtue signaling

It’s destroyed our side


26 posted on 07/07/2021 5:38:19 AM PDT by wardaddy (Girls...in the end ....it’s about them )
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To: george76

This one is easy- Amy Coney Sock Puppet was the lauded dean of a law school who had the status of being a mother and judge.

Kavanaugh was a longtime DC “man of the town” who had status as a volunteer coach and Judge.

They already suffered the worst fate of loss of status when they were confirmed. They won’t suffer that again.

They will not risk the loss of their Deep State creds again. Brett Kavanaugh would like the toilets clean of the DC insider clubhouse to be re-admitted as a full member. He is doing it in front of our eyes.

ACB? She is Robert’s sock puppet.


27 posted on 07/07/2021 5:49:01 AM PDT by FlipWilson
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To: Renfrew

As I said...


28 posted on 07/07/2021 5:49:23 AM PDT by 9YearLurker
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To: george76

We don’t have a 6-3 SCOTUS. We have a 3-3-3 SCOTUS. There is no telling what Kavanaugh, ACB and Roberts will do on any given issue.


29 posted on 07/07/2021 5:51:17 AM PDT by FLT-bird
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To: LIConFem

They were on Cocaine Mitch’s list.


30 posted on 07/07/2021 5:54:17 AM PDT by dfwgator (Endut! Hoch Hech!)
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To: lodi90

It was. Trump had the choice of appointing Kavanaugh who is only a tiny bit to the right of Kennedy or refusing in which case Kennedy would’ve retired when Biden was in office. That would have resulted in somebody far worse than Kavanaugh being appointed.

Trump did well with Gorsuch. Kavanaugh at least kept that seat from going to a hard left judicial activist. ACB looks like a bad pick and nowhere near as much of an Originalist as we had hoped. She’s clearly in the mushy middle with Kavanaugh and Roberts. Still, she is better than Ruth Bader Ginsburg so while Trump did not shift the SCOTUS as much as we would have liked, he clearly did improve it.

Hopefully in his 2nd term, Trump will be able to appoint 2-3 rock ribbed Originalists to replace Breyer, the Wide Latina and maybe the great Clarence Thomas who is getting up there in years. Alito, as much as I admire him, is no spring chicken either.


31 posted on 07/07/2021 5:57:01 AM PDT by FLT-bird
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To: FLT-bird

Trump could only choose from the list that Cocaine Mitch gave him.


32 posted on 07/07/2021 5:58:54 AM PDT by dfwgator (Endut! Hoch Hech!)
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To: FlipWilson

Kavanaugh is deeply proud that he has appointed more female than male law clerks. It matters not what sex his appointees are but that is is proud of it. That is damning & indicates he is a squish and wants to be thought of as woke.

I only hope the scales will drop from his eyes, he will grow a vestigial backbone and adhere to principles that spring from adherence to the Constitution rather than what will play well in the circles in which he wants to be respected. Justice Thomas is worth 6 of him.


33 posted on 07/07/2021 6:02:15 AM PDT by JayGalt (The dogs bark but the caravan moves on.)
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To: george76

We have to disabuse ourselves of labeling judges “liberal” or “conservative”. We lose that fight.
The reality is judges are either “Constitutional” (I like “observant”), or they’re “activist”.
Period.


34 posted on 07/07/2021 6:02:21 AM PDT by Montana_Sam (Truth lives.)
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To: tennmountainman

Barrett is basking in the glow of a 2 million dollar book deal advance awarded to her shortly after Biden was sworn in.


35 posted on 07/07/2021 6:21:37 AM PDT by rdcbn1
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To: rdcbn1

She won the sweepstakes.


36 posted on 07/07/2021 6:25:27 AM PDT by JayGalt (The dogs bark but the caravan moves on.)
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To: Robert DeLong; All

Barrett was brought through the Federalist Society, same DC Swamp pukes that gave us John Roberts.

Then it was revealed ACB had $17+ million leading her through the grifter class.

ACB was ‘installed’ and half of FR was gaga over her. Trump should have picked Barbara Lagoa, tough anti-communist Cuban-American.

The warning about Newsweek still stands, they are not the only ones.

For example, Allen dumbass Duke “Hey! I’m on your side, I’m one you. I’m a redneck.”

https://leadstories.com/alan-duke.html

Be careful, the string pullers are dispatching fake chameleon conservatives to keep eyes off the ball.


37 posted on 07/07/2021 6:44:58 AM PDT by Hostage (Article V)
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To: george76
Only fortitude?????
38 posted on 07/07/2021 6:49:11 AM PDT by Savage Beast (Western Civilisation is well worth fighting for! The wise and benevolent MUST win the fight!)
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To: Hostage

Probably all true, that’s why I inquired. Thanks. 🙂


39 posted on 07/07/2021 7:06:05 AM PDT by Robert DeLong
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To: george76

FORTITUDE” has been bred out of American kids years ago.


40 posted on 07/07/2021 7:08:20 AM PDT by ridesthemiles ( )
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