Examples of unusual divides on the Supreme Court (user search)
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  Examples of unusual divides on the Supreme Court (search mode)
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Author Topic: Examples of unusual divides on the Supreme Court  (Read 2979 times)
politicallefty
Junior Chimp
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Posts: 8,243
Ukraine


Political Matrix
E: -3.87, S: -9.22

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« on: February 05, 2017, 02:09:08 PM »

Entertainment Merchants Assn. v. Brown involves free speech as applied to bans on selling video games to minors. Both Clarence Thomas and Stephen Breyer dissented from the majority opinion overturning the ban. Thomas did so because children didn't have rights in the 1600s and Breyer did so because only speech he thinks is valuable is speech.

I'm firmly on the liberal side of the spectrum, but I think Scalia's majority opinion in Brown v. EMA is one of the absolute best. The Alito/Roberts concurrence was barely on the correct side in that opinion.

Kyllo v. United States strikes me as a rather unusual divide during the Rehnquist Court. The majority (Scalia; with Souter, Thomas, Ginsburg, and Breyer) ruled that thermal imaging constitutes a Fourth Amendment search over the dissent (Stevens; with Rehnquist, O'Connor, and Kennedy).

I can't think of a lot off hand, but there are a number of cases I can recall where Scalia and/or Thomas jumped to the so-called liberal side while Breyer and/or Kennedy would be on the so-called conservative side (the former would generally win). Basically, where Justice Scalia would rule for criminal defendants with the majority of the liberals (and maybe Justice Thomas), Justice Breyer could often vote the other way. Unfortunately, if Trump gets his way, we're likely to get someone that's reflexively pro-police and pro-executive. Scalia may have been very conservative, but he wasn't a slave to right-wing authoritarian ideology.
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politicallefty
Junior Chimp
*****
Posts: 8,243
Ukraine


Political Matrix
E: -3.87, S: -9.22

P P
« Reply #1 on: August 14, 2017, 02:20:51 AM »

Gorsuch actually has a reputation for being relatively anti-executive. We'll see if that holds up.

It hasn't been long, but I'm afraid your optimism is unfounded. I think he's another Alito or even worse. I don't think you'll hear many on the left say this, but right now, I wish Justice Scalia was still on the Court.

Florida v. Jardines

Scalia, joined Thomas, Ginsburg, Kagan, and Sotomayor in the five member majority declaring that a dog smell in a house's front pouch is an unconstitutional search.

Alito dissented, joined by Kennedy, Roberts, and Breyer.

That breakdown isn't as strange as you think it might be. It's similar to the Kyllo decision and the correct decision overall. I think decisions like those are over for the time being. I think Gorsuch is far closer to Alito than Scalia, unfortunately.
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