Tuesday, November 3, 2020

When 6-3 is Really 1-4-3-?    

   They say this is election day. Oh. Okay.  

   Meanwhile, somebody said don't believe the Supreme Court is 6-3 in favor of conservatives. 

   First, there is only one full time originalist: Clarence Thomas. 

   Next, four justices - Roberts, Alito, Kavanaugh and Gorsuch - appointed by Republican presidents - are sometimes originalists, but when original meaning is elusive, they may rule by precedent. Many precedents were set by liberal justices years ago. Plus, these four don't always agree. 

   The threesome are liberals - Kagan, Breyer and Sotomayor - all highly educated, who almost always vote together, seemingly for political purposes. Breyer, it is said, bases his decisions on factors and goals found nowhere in the Constitution. 

   Finally, the ? 

   New justice Barrett, who presented herself an originalist if there ever was one, has not yet established a record on the high court. 

   Note to progressives: Don't burn down the building just yet. 

         Jimmy


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