MEANWHILE, AT #SCOTUS! An occasional series on the stuff I ~thought~ I'd be covering ...
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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.
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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.
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It also has the effect of reinforcing the stability of the institution — which the Chief cares greatly about. (Maybe even more now?)
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My main question, though, is: What changes if/when Gorsuch is on board?
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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?
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depends on the case. Also should remember that Kennedy & Breyer are close, are they not?
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Yes, I think a Kennedy-Breyer-Garland center would have been so intriguing.
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Me too. SIGH. It would have re-centered the Court to a place it hadn’t been since maybe the Burger Court.
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