aggiehawg said:
Dissension within the ranks of SCOTUS.
Quote:
Kavanaugh's concurrence is 10 pages long.
I haven't thoroughy read each at this point, so I don't know the extent to which Kavanaugh is directly addressing the dissenters.
But it is quite unusual to me for a Justice who is not dissenting to write in advance where he/she is likely to come out if/when the case reaches the court. I suspect this is why none of the other Justices joined his opinion.
It might just be that he has grown tired of the dissenters writing lengthy opinions on the shadow document condemning the majority, where the dissent presents arguments that are not consistent with current SCOTUS precedent.
What do you think about the argument that this is a new tactic by SCOTUS to address inferior judges citing to brain-dead dissents by the not-so-smart SCOTUS justices?
I have been involved in something like 100 civil litigations that were appealed, and only recall one legal argument that relied on a dissent issued by an appeals court judge. And, the petitioner in that case got drop-kicked straight to the moon. So, my understanding is that widespread use of that tactic is fairly new, but, again, all my knowledge of law is within a very small segment of civil litigation.
It takes a special kind of brainwashed useful idiot to politically defend government fraud, waste, and abuse.