Divided Court
Bill Mears at CNN has noticed something I noticed when reading some of the recent Supreme Court decisions - the Justices' are getting personal.
I have always enjoyed reading dissenting opinions (especially Scalia's), because they often spend more time tearing apart the majority opinion than they do supporting their own. This certainly doesn't mean that I always agree with their opinion and it doesn't necessarily lead to great legal argument, but it is more fun. But is has been interesting lately to watch how the justices have become more comfortable attacking not the legal argument, but the views of the one making the argument.
John Roberts certainly didn't want a divided court during his tenure as Chief Justice, as evidenced by this interview. However, he has not shown much (if any) willingness to compromise his views in order to maintain a more unanimous SCOTUS. I would predict more 5-4 decisions and more biting commentary from the liberal justices as they continue to lose close "battles."
I have always enjoyed reading dissenting opinions (especially Scalia's), because they often spend more time tearing apart the majority opinion than they do supporting their own. This certainly doesn't mean that I always agree with their opinion and it doesn't necessarily lead to great legal argument, but it is more fun. But is has been interesting lately to watch how the justices have become more comfortable attacking not the legal argument, but the views of the one making the argument.
John Roberts certainly didn't want a divided court during his tenure as Chief Justice, as evidenced by this interview. However, he has not shown much (if any) willingness to compromise his views in order to maintain a more unanimous SCOTUS. I would predict more 5-4 decisions and more biting commentary from the liberal justices as they continue to lose close "battles."
posted by teirney at 9:14 AM
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