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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: Robert DeLong
Was Newsweek bought by a conservative and I didn’t get the memo?

It's an opinion piece. I would not assume it conforms to the ideology of the owners or staff.

61 posted on 07/19/2021 9:03:47 PM PDT by ding_dong_daddy_from_dumas (Re-imagine the media!)
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To: BillyBoy; DoodleBob; AuH2ORepublican; justiceseeker93

I haven’t done any deep analysis but Sotomayor does seem worse than Ginsberg. Her opinions are intellectually inferior also.


62 posted on 07/19/2021 9:38:42 PM PDT by Impy ("We didn't steal the election, we swear!!!" - Sincerely, The Election Thieves )
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To: ding_dong_daddy_from_dumas
More of a tongue in cheek question than anything. 🙂

But they have been including more of these "opinion" pieces than they used to do in their rag.

63 posted on 07/20/2021 6:49:25 AM PDT by Robert DeLong
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To: BillyBoy

I thought there were nine?


64 posted on 07/20/2021 6:36:45 PM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Elsie

There are nine justices in that graph. The ratings were done before Barrett joined the court, so Ruth Bader Ginsburg is listed instead.


65 posted on 07/22/2021 9:17:06 AM PDT by BillyBoy ("States rights" is NOT a suicide pact.)
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To: BillyBoy

I just noticed that the image was larger than my screen.

When I went back to check, I noticed the slider bar could be moved, revealing #9.


66 posted on 07/23/2021 5:24:43 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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Comment #67 Removed by Moderator

To: Elsie

 <IMG src="https://what_ever_picture.gifwidth=100%>

Will assure any picture will fit the screen.

68 posted on 07/23/2021 5:30:32 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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