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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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1 posted on 07/07/2021 4:35:21 AM PDT by george76
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To: george76

Once again, we’ve been vicitims of the D.C. Bait-n-Switch con.


2 posted on 07/07/2021 4:39:30 AM PDT by LIConFem (Bring a Commie to room temperature for Mommy)
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To: george76

Was Newsweek bought by a conservative and I didn’t get the memo? They sure have not been the liberal rag lately, that they have been known to be over the last several decades.


3 posted on 07/07/2021 4:41:16 AM PDT by Robert DeLong
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They’re emblematic of today’s conservative movement; a total and complete failure.


4 posted on 07/07/2021 4:43:19 AM PDT by JonPreston (Q: Never have so many, been so wrong, so often)
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To: george76; LIConFem

Isn’t it funny how “conservatives” always bend while the left never does.

Once you’re a good commie you tend to stay loyal.

Kind of like how govt’ always grows and never shrinks.


5 posted on 07/07/2021 4:43:50 AM PDT by RandFan
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To: george76
The usual fake news from NewsWEEK? Yup.:

The Supreme Court Bars Third Parties from Using Voting Rights Act to Infringe on Election Integrity

In a 6-3 decision the U.S. Supreme Court in DNC v. Brnovich upheld two Arizona election integrity laws, and in the process, established important precedent that will have powerful and lasting implications across the country. This includes a host of useful arguments that will no doubt be employed by the State of Georgia as it faces the unprecedented and troubling challenge from Biden's newly expanded and re-staffed Department of Justice (DOJ) Civil Rights Division.”

https://freerepublic.com/focus/f-news/3974004/posts

6 posted on 07/07/2021 4:45:45 AM PDT by SmokingJoe
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To: RandFan
Once you're a good commie you tend to stay loyal

Tell that to all the hundreds of millions of ex communists in the former Soviet block in Eastern Europe.

7 posted on 07/07/2021 4:49:23 AM PDT by SmokingJoe
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To: george76

All you have to do is look at how Kavanaugh defended himself as compared to Thomas. Thomas was a force to be reckoned with. Still is.


8 posted on 07/07/2021 4:50:42 AM PDT by Zeppelin (Keep on FReepin' on...)
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To: RandFan

“Isn’t it funny how “conservatives” always bend while the left never does.”

We don’t like being called bad names.
We want to look tolerant.
We want to be liked.
We don’t like negative confrontations.
We’re afraid of taking the wheel.
We’re afraid to fight.

What else?


9 posted on 07/07/2021 4:55:49 AM PDT by polymuser (A socialist is a communist without the power to take everything from their citizens...yet.d)
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To: george76

“conservative”

We knew Kavannaugh was a moderate.


10 posted on 07/07/2021 4:58:32 AM PDT by AppyPappy (How many fingers am I holding up, Winston? )
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To: george76

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


11 posted on 07/07/2021 4:59:11 AM PDT by 9YearLurker
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To: LIConFem

Kavanaugh Sides with Leftists Against Private Business Owners, Upholds CDC’s Moratorium on Evictions of Delinquent Tenants..

Landlords can’t pay their debts and taxes due to no rental income puts the property into foreclosure for Black Rock and .. to buy up.

https://freerepublic.com/focus/f-news/3972575/posts


12 posted on 07/07/2021 5:01:46 AM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: polymuser

It’s not surprising. Kavanaugh was Kennedy’s hand picked successor. Do you think he would have picked someone who wasn’t predisposed to mimic Kennedy himself? Barrett chose to attend Rhodes College in Memphis, I believe. Rhodes is an ultra lefty private school. While she may be conservative in her personal conduct, that does not preclude her utilizing the indoctrination from Rhodes to justify judicial activism.


13 posted on 07/07/2021 5:04:32 AM PDT by Rlsau1
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To: Rlsau1

Kennedy would never have retired if he wasn’t certain his replacement was of a similar ilk. The fix was in from the beginning on that one.


14 posted on 07/07/2021 5:09:54 AM PDT by lodi90
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To: george76

Justice Roberts said he refused to hear challenges to the 2020 election results because if risks/threats of riots from the Left.


15 posted on 07/07/2021 5:13:52 AM PDT by a fool in paradise (Lean on Joe Biden to follow Donald Trump's example and donate his annual salary to charity.)
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To: Robert DeLong

Be careful. There is a scheme for certain outlets to ‘swing right aiming to lead conservatives astray.


16 posted on 07/07/2021 5:14:53 AM PDT by Hostage (Article V)
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To: polymuser

Trump challenged all of that.

The media was never nice and neither was the Uniparty or the Deep State.


17 posted on 07/07/2021 5:15:28 AM PDT by a fool in paradise (Lean on Joe Biden to follow Donald Trump's example and donate his annual salary to charity.)
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To: Hostage

Well, they certainly nailed the reality concerning Kavanaugh & Barrett in my opinion. Besides, they have been swinging right more and more often lately. At least from what is posted here. I never visit their website, except for a few of these articles posted here.


18 posted on 07/07/2021 5:21:09 AM PDT by Robert DeLong
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To: Robert DeLong

Yep that is the way to look at it.
Consider who they replaced.
Both are new and more than a bit scared considering the rape they got during conformation.


19 posted on 07/07/2021 5:21:45 AM PDT by Zathras
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To: Zathras

That rape, as you call it, should embolden them, not make them cower in the corner. If what you say is the case, then they both are weak, and thus useless.


20 posted on 07/07/2021 5:25:13 AM PDT by Robert DeLong
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