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the official new supreme court thread - Very political

I bet SCOTUS is pretty ugly right now. Also not going to be much fun at the neighborhood cookouts this year in the Kavanaugh and Alito neighborhoods now that the neighbors are feeding and helping the protesters. I'd love to be a fly on the wall.
 
I haven't had a chance to read much about why it was leaked. What's the prevailing thought?

Smokescreen by conservatives to take heat off the actual issue of the decision?

Some altruistic motive by a clerk who feels his side has lost their way? 🤣

Roberts working behind the scenes to try to secure the legacy he cares about?
 
Basically what was posted above now that there have been other leaks. I’m sure Fox News is still saying it was Sotomayor and KBJ though.
 
Well yeah, but they told on themselves with how quickly they tried to pimp the leak as the real story. They knew it was coming.
 
I haven't had a chance to read much about why it was leaked. What's the prevailing thought?

Smokescreen by conservatives to take heat off the actual issue of the decision?

Some altruistic motive by a clerk who feels his side has lost their way?

Roberts working behind the scenes to try to secure the legacy he cares about?

Prevailing thought seems to be that it was leaked to lock in support from some of the less radical yes votes. Basically to force Roberts specifically to hold the line rather than come to some independent thought. Roberts’ legacy of being a horrible leader who falls in line with the right wing of trump’s GOP remains intact.
 
No, it has to be the liberals who broke decorum.
 
Prevailing thought seems to be that it was leaked to lock in support from some of the less radical yes votes. Basically to force Roberts specifically to hold the line rather than come to some independent thought. Roberts’ legacy of being a horrible leader who falls in line with the right wing of trump’s GOP remains intact.

I may be misunderstanding your point, but I think this was way more about making sure Kavanaugh (and maybe Gorsuch) couldn’t be swayed to a more “moderate” (though still significantly curtailing abortion rights) opinion that Roberts would/will write (something like keeping the Casey undue burden standard (presumably doing away with viability) under the due process clause, but holding that a ban at 16 weeks does not impose an undue burden), rather than trying to get Roberts in line with Alito’s opinion. If no one can be flipped, they don’t need Roberts. Alito, Thomas and Barrett (and probably Gorsuch and Kavanaugh) don’t give a damn if it’s 5-4 or 6-3. I will be pretty surprised if Roberts is in the majority if the Alito draft opinion (or the bulk and substance of it) ends up being the majority opinion. Roberts is not a moderate by any stretch and I’ll eat crow if I’m wrong, but this one just feels like one where Roberts will try to pretend like he is (similar to the ACA and LGBTQ Title VII cases).
 
If Kavanaugh was on the fence about moderate or not he’s definitely not after the protests at his house. He’s a vindictive asshole.
 
I may be misunderstanding your point, but I think this was way more about making sure Kavanaugh (and maybe Gorsuch) couldn’t be swayed to a more “moderate” (though still significantly curtailing abortion rights) opinion that Roberts would/will write (something like keeping the Casey undue burden standard (presumably doing away with viability) under the due process clause, but holding that a ban at 16 weeks does not impose an undue burden), rather than trying to get Roberts in line with Alito’s opinion. If no one can be flipped, they don’t need Roberts. Alito, Thomas and Barrett (and probably Gorsuch and Kavanaugh) don’t give a damn if it’s 5-4 or 6-3. I will be pretty surprised if Roberts is in the majority if the Alito draft opinion (or the bulk and substance of it) ends up being the majority opinion. Roberts is not a moderate by any stretch and I’ll eat crow if I’m wrong, but this one just feels like one where Roberts will try to pretend like he is (similar to the ACA and LGBTQ Title VII cases).

Agree with all of this.
 
I may be misunderstanding your point, but I think this was way more about making sure Kavanaugh (and maybe Gorsuch) couldn’t be swayed to a more “moderate” (though still significantly curtailing abortion rights) opinion that Roberts would/will write (something like keeping the Casey undue burden standard (presumably doing away with viability) under the due process clause, but holding that a ban at 16 weeks does not impose an undue burden), rather than trying to get Roberts in line with Alito’s opinion. If no one can be flipped, they don’t need Roberts. Alito, Thomas and Barrett (and probably Gorsuch and Kavanaugh) don’t give a damn if it’s 5-4 or 6-3. I will be pretty surprised if Roberts is in the majority if the Alito draft opinion (or the bulk and substance of it) ends up being the majority opinion. Roberts is not a moderate by any stretch and I’ll eat crow if I’m wrong, but this one just feels like one where Roberts will try to pretend like he is (similar to the ACA and LGBTQ Title VII cases).

I think you're exactly right.
 

He's so obviously just a bitter, bitter dude who wants revenge for all of the slights and liberal criticism he's gotten ever since the Anita Hill hearings. No doubt he's a right-wing ideologue, but that anger and resentment just seems to be the major part of his temperament. In that sense he's the perfect #MAGA judge.
 
I may be misunderstanding your point, but I think this was way more about making sure Kavanaugh (and maybe Gorsuch) couldn’t be swayed to a more “moderate” (though still significantly curtailing abortion rights) opinion that Roberts would/will write (something like keeping the Casey undue burden standard (presumably doing away with viability) under the due process clause, but holding that a ban at 16 weeks does not impose an undue burden), rather than trying to get Roberts in line with Alito’s opinion. If no one can be flipped, they don’t need Roberts. Alito, Thomas and Barrett (and probably Gorsuch and Kavanaugh) don’t give a damn if it’s 5-4 or 6-3. I will be pretty surprised if Roberts is in the majority if the Alito draft opinion (or the bulk and substance of it) ends up being the majority opinion. Roberts is not a moderate by any stretch and I’ll eat crow if I’m wrong, but this one just feels like one where Roberts will try to pretend like he is (similar to the ACA and LGBTQ Title VII cases).

This makes sense.
 
So is Roberts going to write his own opinion, go along with ending Roe, or try to put something together with the left?
 
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