True, but politics tends to put an asterisk by justices’ rulings. In Bush v. Gore, the Ds were arguing states rights, while the Rs were arguing federal supremacy. Completely against their usual positions, but everyone knows why.
States rights is associated with Republican elected politicians, but not so much the SCOTUS majority. There are many examples of Roberts et al ruling against states rights, in fact they recently sided against Texas in the state v federal border dispute. And they ruled against the independent state legislature theory last year.
Originalism, on the other hand, is near and dear to their hearts. They have basically never embraced another doctrine.
Fair point, but if the vote goes 6-3 and the Rs ignore originalism entirely in their opinion, I don’t think anyone would expect their adherence to the doctrine to change in the next case or any cases afterward. It’ll go down in the history books as a politically-motivated outlier case, not dissimilar to Bush v. Gore.
Sure, they would still adhere to originalism. But they would knowingly create a precedent where it doesn’t apply. Future Justices are supposed to respect precedent, so this means handing future liberal courts a useful new tool to dismantle their contribution to legal theory.
Is saving Trump from himself worth ending their own legacy?
True, but politics tends to put an asterisk by justices’ rulings. In Bush v. Gore, the Ds were arguing states rights, while the Rs were arguing federal supremacy. Completely against their usual positions, but everyone knows why.
States rights is associated with Republican elected politicians, but not so much the SCOTUS majority. There are many examples of Roberts et al ruling against states rights, in fact they recently sided against Texas in the state v federal border dispute. And they ruled against the independent state legislature theory last year.
Originalism, on the other hand, is near and dear to their hearts. They have basically never embraced another doctrine.
Fair point, but if the vote goes 6-3 and the Rs ignore originalism entirely in their opinion, I don’t think anyone would expect their adherence to the doctrine to change in the next case or any cases afterward. It’ll go down in the history books as a politically-motivated outlier case, not dissimilar to Bush v. Gore.
Sure, they would still adhere to originalism. But they would knowingly create a precedent where it doesn’t apply. Future Justices are supposed to respect precedent, so this means handing future liberal courts a useful new tool to dismantle their contribution to legal theory.
Is saving Trump from himself worth ending their own legacy?