No, likely not, but I think it's closer than most think. Thomas is the only one I'd consider a sure bet to endorse the proposition, based on his concurrence in Box, but we really do not know how the new nominees think about these issues — there are not yet enough tea leaves for us to read. Tempting to say that Gorsuch might, for example, because of his doctoral work, or that Barrett might because of her general vibes, but we just don't know yet. Kavanaugh seems unlikely, which prevents you from getting to five in any event, but learning that there's 3-4 votes for it wouldn't surprise me.
I would say -
YES! -
Thomas, Alito, Barrett
Probably- Gorsuch
Probably Not- Kavanaugh
No-
Roberts
HELL NO!-
Jackson, Kagan, Sotomayor
I think that if another Democrat gets replaced by another Republican, this probably comes to pass. This amongst other things. That's unlikely at this point.
Poll
