aggiehawg said:
YouBet said:
Well, that's interesting. So, partisan politics by the left wing, anti-Constitutional side of the SC.
Yes, the vote is taken after orals and opinions assigned. Orals are only held after the entire briefing schedule has been completed. One of the reasons why Thomas never asked questions during orals until the last few years. He already knew the case well from the briefing and felt orals were a waste of time.
OTOH, Thomas came to understand the Court needed more transparency which only occurs during audio of oral arguments. So he began participating. And orals have revealed just how stupid Sotomayor and KBJ truly are. And that is another type of "win" as their voices are not taken very seriously. Not even by their Court colleagues.
Witness recent take downs by ACB on KBJ and now Alito's.
I think what is truly exposed in this particular instance is the vast chasm between a Constitutionalist vision of the role of SCOTUS vs. the democrat/liberal idea of an outcome-based judiciary that seeks to "mold" the Constitution to their issue of the day.
This is precisely why folks like James Carville are advocating for a packing of the court immediately after the next democrat held Congress and presidency. They want a whole court of KBJ's who feel free to spout whatever flawed rationale sounds good at the time as long as it advances the agenda of the left. And in Carville's words, Constitutionalists can then do nothing but "eat our dust".
The scary thing to me is that we have scores of law schools now creating KBJ's and Zia Faruquis every semester and inserting them into the legal system. (Thank heavens my daughter passed on the Boston based law schools in favor of an old school in Georgia).
