Back in January, I wrote about something that I found and find interesting: The Chief and Kennedy. https://www.buzzfeed.com/chrisgeidner/the-supreme-court-will-lean-conservative-again?utm_term=.xh0ZJb1oRK#.bb4eBGlOk6 …pic.twitter.com/JbrsV5bLeU
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Back in January, I wrote about something that I found and find interesting: The Chief and Kennedy. https://www.buzzfeed.com/chrisgeidner/the-supreme-court-will-lean-conservative-again?utm_term=.xh0ZJb1oRK#.bb4eBGlOk6 …pic.twitter.com/JbrsV5bLeU
It's a move that had a notable result, as I wrote in January: https://www.buzzfeed.com/chrisgeidner/the-supreme-court-will-lean-conservative-again?utm_term=.xh0ZJb1oRK#.bb4eBGlOk6 …pic.twitter.com/CWUzFmMrxh
That's become even more clear as we've started getting decisions out of this term. Roberts & Kennedy are yet to part ways on a decision yet!
The move has left Thomas and/or Alito alone a few times already this term.
More importantly, it's placed Chief Justice Roberts with the liberals in what might have been expected to be closer cases.
But, by being in the majority, the Chief has been able to assign the majority opinion, and in doing so, narrow it.
That is most obvious this term in Buck, which the Chief assigned to ... himself to write. https://www.supremecourt.gov/opinions/16pdf/15-8049_f2ah.pdf …pic.twitter.com/bAncaxOe4q
And the other being Bethune-Hill, which the Chief assigned to Kennedy. https://www.supremecourt.gov/opinions/16pdf/15-680_c07d.pdf …pic.twitter.com/wy5tE2ZmUP
It's not clear to me yet what the Chief's long game is here, and whether this balancing changes once (assuming things) Gorsuch is on board.
But, in the short term, it definitely has the effect of keeping the Chief from allowing too much say go to Kennedy, which is notable.
It also has the effect of reinforcing the stability of the institution — which the Chief cares greatly about. (Maybe even more now?)
My main question, though, is: What changes if/when Gorsuch is on board?
Does the Chief try to keep the center holding with Kennedy? Or does he try and bring Kennedy with him to a 5-justice conservative majority?
Chief Justice, above all else, wants to preserve his legacy.
Chris I don't comprehend what this means an you please clarify
it's not exactly what I'd call Sunday-Funday writing - but it is much appreciated analysis
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