Our colleague Stuart Gerson of Epstein Becker Green has a new post on SCOTUS Today that will be of interest to our readers: “Three More Cases Demonstrating Jurisprudential Reason, Not Politics.”
The following is an excerpt:
Another busy day for the Court, which is no surprise given the short time remaining in the term and the number of opinions that yet have been published. If there is a distinguishing characteristic, it is the continued fracturing of the stereotype that the Justices act for political, not jurisprudential reason, and hence that there are immovable blocs of liberals and conservatives.
Thus it is worthy of note that one of the three cases decided today finds Chief Justice Roberts, along with Justices Breyer, Kagan, and Kavanaugh, joining a Barrett opinion in full. And Justice Thomas filed a dissenting opinion in which Justices Breyer, Sotomayor, and Kagan joined as to its main substantive parts. A great deal of credit should go to the Chief Justice, who clearly has been able to convince a continuing series of majorities to practice constitutional avoidance and insist upon parties’ satisfaction of Article III standing requirements. Last week’s decision on the Affordable Care Act, California v. Texas, is a monument to that laudable administration.
Click here to read the full post and more on SCOTUS Today.