Monday, February 13, 2023

Trump's SCOTUS picks

 David Lat and

“Nobody has ever done more for right to life than Donald Trump,” the former president told the conservative commentator David Brody last month. “I put three Supreme Court justices, who all voted, and they got something that they’ve been fighting for 64 years, or many, many years.”

Mr. Trump sought three things in his judicial appointees, or as he sometimes called them, “my judges.” First, he wanted justices who would overturn Roe v. Wade. Second, he wanted “jurists in the mold of Justices Antonin Scalia, Clarence Thomas and Samuel Alito.” Third, he wanted judges who would be loyal to him.

Opponents of abortion got what they wanted when the Supreme Court overturned Roe v. Wade, and the ramifications of that decision can’t be overstated. But did Mr. Trump get the rest of what he wanted from the justices he appointed?

Almost six years after the first appointment, we can begin to form an answer: not entirely. While conservative, none of his three appointments are nearly as conservative — nor as consistently conservative — as Justices Thomas and Alito. The Trump appointees are also not as unified as they might initially appear. Given that they could serve for decades and hold the balance of power on the current court, understanding the distinctions and differences among them is crucial, both for policymakers looking to draft laws and regulations that will be upheld and for lawyers deciding which cases to bring and how to litigate them before a reshaped Supreme Court.

8 comments:

Anonymous said...

Lat is currently carrying water for the right and their causes. Did you happen to see his pardoy of an op-ed about the wokeness of large law firms? Laughably bad.

Anonymous said...

Agree that it's bad that elite law firms are overwhelmingly woke. Check out where the pro bono lawyers falling over themselves to defend Antifa rioters and Guantanamo prisoners come from.

Anonymous said...

So now it’s “woke” to represent prisoners? I thought this was a blog for lawyers.

Anonymous said...

How can you say elite law firms are "overwhelmingly woke?" Please provide some record evidence aside from your personal political beliefs.

Let me remind you how Gov. Desantis's lawyer described "wokeness": Ryan Newman, responded that the term means “the belief there are systemic injustices in American society and the need to address them.”

You're turn snowflake.

Anonymous said...

It's a decent read. I agree with the conclusion that Gorsuch often votes with the "liberal bloc" on criminal law cases for the defense, because as a true conservative (not a right winger whose ox has been gored like Alito) Gorsuch often finds fault with the overreach of the government. As a Westerner on the Court, he reminds me, just a little, in some ways, of that Oregon boy who grew up to land a spot on the Court- William O Douglas.

Anonymous said...

LOL Douglas wrote Griswold. Definitely a Gorsuch doppelganger.Nice try.

Anonymous said...

There are eleven circuits (maybe 13). In the old days there was Justice for each Circuit, who was responsible for that Circuit. What's wrong with that system?

Anonymous said...

Conservative? NO. I would agree with that premise. They are more activists for the folks who lobbied for their appointment. A real conservative would not overturn a half century constitutional right that is not even before the court. Also they have a much different take on religious freedom. A person is free to be free of religion which is something many on this court don't believe. Lets be real, the court bends over backwards for white Christians but if you are a minority, gay, or a person of color who is atheist, the court seems to not recognize you as much.