HombreSecreto wrote:
“
Alito, Thomas, Gorsuch, Kavanaugh, Barrett
The 3 Trump nominees made the difference.
“
Roberts joined those 5; President Trump made the difference with Gorsuch, Kavanaugh, and Barrett.
Won’t disagree...kinda.
Roberts “joined” because his vote wasn’t determinative.
Do you think he would have been the 5th vote to overturn if there were 4 pro / 4 con? Don’t think he has that kind of moral courage.
Very easy to grandstand and try and “split the baby” (that reference seems oddly appropriate given the topic).
I give Roberts no credit for this decision.
Roberts really didn’t. He concurred in the judgement only. His separate opinion clearly states that the majority goes too far in overturning Roe. Roberts would have limited the decision to removing the “viability” standard and not defined what line exists for states to limit abortion. That would have resulted in massive amounts of future litigation and the various Circuit courts would still be the ones deciding. Roberts is a wuss! Kavangaugh’s concurring opinion notes that the issue should be decided by the people and their elected representatives. The majority 5 in this case did just that. Roberts’ position would have still left this up to the courts.