how would long since retired/dead SCOTUS members rule in the present day (user search)
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  how would long since retired/dead SCOTUS members rule in the present day (search mode)
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Author Topic: how would long since retired/dead SCOTUS members rule in the present day  (Read 522 times)
freepcrusher
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« on: October 22, 2020, 12:58:41 AM »

I apologize if this hasn't already been asked elsewhere. For instance, what if Potter Stewart came out of a 35 year coma?

Would the issues of minority rule, voting rights, gerrymandering - cause him to side with the Breyer and Kagans of the world? Or would the prospect of people having a potential blank check to harass businesses with frivolous lawsuits (Bostock, masterpiece) shift him toward someone like Kavanaugh?

On the other hand, you have to keep in mind that someone born in 1915 is from a completely different era where gays were mostly closeted and no one knew what a tranny was. So I guess you could also ask how cases currently before the court would have gone in the past.
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freepcrusher
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« Reply #1 on: November 11, 2020, 04:57:04 PM »

If Potter Stewart were still alive, he would continue being the same thing he was during his 23-year tenure on the Court -- a very unpredictable swing vote.

didn't Stewart have a very similar record to Stevens in the five and a half terms they were on the court? I remember reading somewhere that Scalia's presence on the court pushed Stevens and O'Connor (and later Souter and Kennedy) away from the conservatives. Being from a similar background to Stevens (i.e. midwestern WASP) - a part of me wonders if Stewart wouldn't have done the same.
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