Leah's analysis is important, as well as her conclusion. Court may NEVER rule on travel ban. What explains partial stay? /1https://twitter.com/LeahLitman/status/879367799021355009 …
-
More broadly it lets us divide
#SCOTUS into three camps in these kinds of cases centrist block, hard right, and hard left /8
centrists-Breyer, Kagan, Kennedy, Roberts hard right--Alito, Gorsuch, Thomas hard left--Ginsburg, Sotomayor
-
-
If this is right, then when Kennedy leaves and Roberts is the swing Justice, he's likely to be more institutionalist than hard right /11
-
What I mean by that is Roberts is more likely to vote in the center for pragmatic reasons even if his ideology lines up w/hard right /12
-
Best institutionalist option in
#travelban is this partial compromise stay, followed by a decision NEVER reaching merits /13 -
and today's order seems to tee up that possibility nicely (if so, expect strong dissent from Gorsuch, Alito, Thomas) 14/14
-
This is good analysis. I'd add partial stay reinforces some remedial principles Roberts has cared about (see, e.g. WInter v NRDC, etc.).
-
thank you all
End of conversation
New conversation -
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.