Not a done deal, of course, but this is pretty encouraging. After oral arguments, it still seems there are only 3 hard yesses on the ludicrous "independent state legislatures" doctrine ("original intent" that somehow never came up for 200 years).
Kavanaugh is partially sympathetic, but not all in. And Barrett seems skeptical, like Roberts.
@EileenKCarpenter It's striking that Mark Stern - an analyst who's frankly prone to seeing worst-case scenarios - though Alito sounded like he knew he'd lose, and that Alito was seething about it.
@RationalLeft GRUMBLE GRUMBLE HARRUMPH FULMINATIONS! @EileenKCarpenter
@LiberalLibrarian @RationalLeft
Yeah, I get the sense there is less intellectual curiosity on this court, no chance of anyone becoming more moderate from being in the high court milieau. There are probably justices who won't even talk to each other after work.
@EileenKCarpenter Although Scalia and Ginsburg were friends outside of work, and that didn't really dampen his reactionary stances. @RationalLeft
@LiberalLibrarian @EileenKCarpenter There are apparently cross-ideological friendships still on this court. Several of them seem to really like Thomas, which frankly surprises me.
Unlike the fanta menace, maybe the justices of concern are rising to the challenge a bit.
@Old_Dave Kavanaugh and Barrett both seemed openly worried about the consequences of unleashing this "doctrine," so yes, it looks like that may indeed be the case.
@Old_Dave It has been a pattern so far. Of the 5 justices to Roberts's right, Kavanaugh is closer to Roberts than the others, Barrett is to his right, Gorsuch still further right, and Alito and Thomas still the farthest right.
@RationalLeft
Maybe it's changed on this court. Traditionally it was hard to call how they would vote, because they would play devil's advocate and make the appellants really get granular in their arguments, even if they agreed with them.