The conservative takeover of the Supreme Court under Donald Trump is stalled by a bromance between Chief Justice John Roberts and Brett Kavanaugh.
WASHINGTON – The conservative takeover of the Supreme Court that was anticipated following President Donald Trump's two selections has been stalled by a budding bromance between the senior and junior justices.
"Justice Kavanaugh seems to share some of the chief justice’s institutional concerns, but I think he also cares about his own perception as an even-handed judge,” said Amir Ali, a civil rights lawyer who won a 6-3 decision in February when Roberts and Kavanaugh joined the four liberal justices to uphold a criminal defendant's appeal rights.
Examples include the court's action last October giving those challenging a citizenship question in the 2020 census access to additional information about the plan; its refusal in December to consider Republican-led states' efforts to defund Planned Parenthood; and its ruling in February that Texas cannot execute a prisoner who claims to have an intellectual disability.
Kavanaugh v. GorsuchKavanaugh, perhaps in seeking a low profile, has voted with the majority in almost every case so far. Unless he is the author, that usually means just signing on to the opinion. But he often writes separately to explain his vote – a habit he picked up at the U.S. Court of Appeals for the District of Columbia Circuit.“Kavanaugh always had more of a moderate streak, even on the D.C.
Their differences were on display last month, when Kavanaugh wrote the court's 6-3 ruling that said Navy contractors must warn about asbestos exposure even if they didn't add the asbestos to their products. Gorsuch penned a pointed dissent. "You couldn’t imagine a bigger shakeup for the criminal justice system," said Ali, whose client won the case.
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