Kavanaugh has shown he is not always a predictable vote, especially for the most conservative positions.
He often joins Chief Justice John G. Roberts Jr. to hold the middle, and sometimes joins liberals to form a surprising 5-4 majority.
In June, with the fate of the Voting Rights Act in doubt, Kavanaugh cast a fifth vote to join Roberts and rule that Alabama’s Republicans must draw a new congressional district that might elect a Black Democrat. They reaffirmed that position last month. Kavanaugh also split from the conservatives when a federal judge in Texas ruled that Navy SEALs had a religious right to refuse the military’s requirement of a COVID-19 vaccine, even when they were deployed on special missions.
Blatt, who has argued more cases before the court than any other woman, drew sharp criticism for endorsing Kavanaugh’s confirmation in 2018. Roberts and Kavanaugh came up as mainstream conservatives in the Reagan-Bush era. They now confront a legal agenda driven by far more conservative Trump-appointed judges in states like Texas and Louisiana.In the last term’s most important environmental case, Kavanaugh disagreed with the five conservatives who ended federal protection for wetlands that are not part of a continuously flowing body of water.
“I think it is important to not overstate the differences between Kavanaugh and the other conservatives,” said UC Berkeley law dean Erwin Chemerinsky. On the major cases, he has voted with the conservative majority, he said. “My sense overall is that he has had an undistinguished first few years on the court,” he added.
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