When Supreme Court Justices Don’t Fit Their Mold

If you remember the last confirmation hearings for Supreme Court justice nominee, Brett Kavanaugh, you will remember the uproar that his nomination meant that the Supreme Court (SCOTUS) would be packed with Trump nominees that would march in lock-step and would radically alter the balance of power.

An editorial from USA Today, a fairly consistently liberal newspaper, shared details of a study that showed quite the opposite.

The link is below: https://www.usatoday.com/story/opinion/2019/09/10/liberal-supreme-court-justices-vote-in-lockstep-not-the-conservative-justices-column/2028450001/

Here are a few quotes from the article that found that the ‘conservative’ justices disagreed with each other far more than the ‘liberal’ judges and that Trump’s two appointees disagreed with each other more than any appointees since President Kennedy.

“There were 67 decisions after argument in the term that ended in June. In those cases, the four justices appointed by Democratic presidents voted the same way 51 times, while the five Republican appointees held tight 37 times.”

(In past years)…”when conservative justices vote together at the same rate as their liberal counterparts, it’s because the entire court is united”…and the SCOTUS decisions were unanimous.

“The Trump appointees voted the same less often in their first term together than any other two justices appointed by the same president, going back at least to President John F. Kennedy. Meanwhile, Obama appointees Kagan and Sonia Sotomayor were together in all the 5-4 cases this term.”

“In sum, if lockstep voting and a results-driven court concern us, it isn’t the conservatives we should be worried about.”

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