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Whenever Roberts is on the majority with the 5 conservatives, he gets to write the opinion if he wants to, but if they don't like it, then he's in the minority and he gets NO say in the Court's opinion. This means that the 5 conservatives can decide the case without Roberts and he really only gets to choose whether he subscribes to their opinion or doesn't.
Thomas is the most senior Justice among those 5.
This all makes this the THOMAS COURT. I expect the news and blogs like SCOTUSblog to begin calling it the Thomas Court soon, as soon as the Court starts deciding 5-4 cases with Roberts voting with the liberals.
The Court's internal dynamics will be interesting. Roberts can alternate between feeling inferior and angry for being in the minority, and feeling lonely and desirous of being in the majority. Each time he chooses to be with the majority he'll be reminded that he has no say. Each time he chooses to be with the minority he'll be reminded that he has no say.
The ONLY way this stays the Roberts Court is if Roberts uncucks and becomes a great conservative Justice. He just might do that, giving us a 6-3, because the dems might release him from his compromise whenever his vote makes not difference to the outcome.
Start prepping the two red button memes for Roberts!
I kind of expect Thomas to retire during Trump's second term. He's getting on in years, and he might like the idea of getting out when he knows a strong constitutionalist president will pick his replacement.
Also, I expect the Roberts extortion story will come out. Watch out if it does! He might have to leave the Court!
Sure. Then it will be the Alito Court.
Excellent insight.
Roberts has sided with the left too many times just to make the court ‘appear’ neutral, since this era will go down as the Roberts Court. The end result is him pandering to a militant left just to appease them. Constitution be damned. Had he been appointed Associate instead of Chief Justice, I doubt he would pander to the left as much.
Great call-out, Pede.... It Is a Thomas Court - I wondered why they were saying Roberts was swearing her in..... Even if Roberts is compromised, it no longer matters.
stop, I can only get so hard
No. You must keep winning!
Memed! and posted!