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> Interestingly, it's a 5-4 decision, with Kavanaugh writing the decision, joined by the 4 liberal justices. Probably the most unexpected alignment of the curr

> Interestingly, it's a 5-4 decision, with Kavanaugh writing the decision, joined by the 4 liberal justices. Probably the most unexpected alignment of the current term! It isn't really. It's just the standard partisan split, albeit with one guy "crossing the floor". Such crossing is common but since most of the media is incapable of understanding anything but partisan point scoring, they portray the Justices as partisan hacks, which they are not. Heck, they aren't even that good at tracking point-scores, since the most common score at SC United (states) is 9-0. https://en.wikipedia.org/wiki/2018_term_opinions_of_the_Supreme_Court_of_the_United_States https://en.wikipedia.org/wiki/2018_term_opinions_of_the_Supr...

ulkesh 7y ago
While I agree that much of the time they do try to rule based on law, it is clear that precedent is being looked at as mere suggestions by this new court. I wonder what the score will be when the challenges to Roe hit their bench.
- marcoperaza 7y ago
  That's not something unique about "this new court". The Court has never been all that respectful of precedent. From the Lochner era (reading a right to expansive freedom of contract into the constitution), to the "switch in time that saved nine" (vastly expanding the definition of 'interstate commerce' such that Congress could regulate anything), to the Warren court (which invented whole-cloth a slew of social and criminal justice rights), the Court has often gone in radical new directions and overruled previous decisions.
sgustard 7y ago
The "vote alignment by ideology" view on this page linked elsewhere is instructive. https://www.scotusblog.com/2019/05/opinion-analysis-divided-court-allows-antitrust-lawsuit-against-apple-to-continue/ https://www.scotusblog.com/2019/05/opinion-analysis-divided-... Basically in order from left to right numbered 1-9 the majority on this case were 1-4 and 6. So it's only one step away from being a fully partisan split. >"they portray the Justices as partisan hacks" I leave it up to others to decide whether scoring each justice on a left-to-right continuum is any more nuanced than this.
icelancer 7y ago
Additionally, while Gorsuch ruled in favor of Apple, it is clear from oral arguments that Alito/Gorsuch have little respect for the Illinois Brick argument.

ulkesh 7y ago

While I agree that much of the time they do try to rule based on law, it is clear that precedent is being looked at as mere suggestions by this new court. I wonder what the score will be when the challenges to Roe hit their bench.

marcoperaza 7y ago
That's not something unique about "this new court". The Court has never been all that respectful of precedent. From the Lochner era (reading a right to expansive freedom of contract into the constitution), to the "switch in time that saved nine" (vastly expanding the definition of 'interstate commerce' such that Congress could regulate anything), to the Warren court (which invented whole-cloth a slew of social and criminal justice rights), the Court has often gone in radical new directions and overruled previous decisions.

sgustard 7y ago

The "vote alignment by ideology" view on this page linked elsewhere is instructive. https://www.scotusblog.com/2019/05/opinion-analysis-divided-court-allows-antitrust-lawsuit-against-apple-to-continue/ https://www.scotusblog.com/2019/05/opinion-analysis-divided-... Basically in order from left to right numbered 1-9 the majority on this case were 1-4 and 6. So it's only one step away from being a fully partisan split. >"they portray the Justices as partisan hacks" I leave it up to others to decide whether scoring each justice on a left-to-right continuum is any more nuanced than this.

icelancer 7y ago

Additionally, while Gorsuch ruled in favor of Apple, it is clear from oral arguments that Alito/Gorsuch have little respect for the Illinois Brick argument.