OPINION: Supreme Court confounding its partisan critics – By Jonathan Tureley (The Hill) / June 12 2021
The Supreme Court this week continued to disappoint congressional Democrats and activists with a long line of embarrassingly unanimous, non-ideological rulings. After all, the court is supposedly (to use President Biden’s words) “out of whack” due to its irreconcilable ideological divisions. Indeed, the court is allegedly so dysfunctionally divided that many, including Democratic leaders, have called for sweeping changes — from packing the court with new justices, to changing its voting rules, or even creating an alternative court.
That is why these weeks have so frustrated those who insist the court is a hopeless case of rigid ideologues. While next week could well bring some welcomed ideological divisions, the court is not making it easy on its critics.
Liberal Justice Stephen Breyer recently chafed at the claim that the court is “conservative” and condemned the calls to pack it with a liberal majority. A liberal group, “Demand Justice,” responded with billboard ads calling for Breyer’s resignation and warned him that he was risking his legacy. However, Breyer appears undeterred in ruling with his conservative colleagues when he considers that to be appropriate.
In the latest decision, Borden v. United States, the lineup of justices was strikingly non-ideological. Justice Elena Kagan wrote the opinion for Justices Breyer, Sonia Sotomayor and Neil Gorsuch, with a concurrence from Justice Clarence Thomas — three liberal justices and two conservatives agreeing to limit the meaning of a “violent felony” for purposes of the Armed Career Criminal Act.
CONTINUE > https://thehill.com/opinion/judiciary/558050-supreme-court-confounding-its-partisan-critics
