More importantly, it's placed Chief Justice Roberts with the liberals in what might have been expected to be closer cases.
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Replying to @chrisgeidner
But, by being in the majority, the Chief has been able to assign the majority opinion, and in doing so, narrow it.
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Replying to @chrisgeidner
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
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Replying to @chrisgeidner
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
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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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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Replying to @chrisgeidner
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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Replying to @chrisgeidner
My main question, though, is: What changes if/when Gorsuch is on board?
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Replying to @chrisgeidner
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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While there are four (mostly) solid liberal votes, yes, I think it's a question.
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Replying to @chrisgeidner
I see Gorsuch mightily pulling Kennedy rightward. & when Pryor joins him, they both pull on Roberts for the next decade plus.
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