If ACB is confirmed would this be an accurate ranking of the justices from left to right
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
July 23, 2025, 08:31:33 PM
News: Election Calculator 3.0 with county/house maps is now live. For more info, click here

  Talk Elections
  General Politics
  U.S. General Discussion (Moderators: The Dowager Mod, Abolish ICE, Tokugawa Sexgod Ieyasu, Utilitarian Governance)
  If ACB is confirmed would this be an accurate ranking of the justices from left to right
« previous next »
Pages: [1] 2
Author Topic: If ACB is confirmed would this be an accurate ranking of the justices from left to right  (Read 1133 times)
OSR stands with Israel
Computer89
Atlas Institution
*****
Posts: 52,360


Political Matrix
E: 3.42, S: 2.61

P P
Show only this user's posts in this thread
« on: September 27, 2020, 03:23:10 PM »

Most Left Wing

Sotomeyer
Breyer
Kagan
Roberts
Kavanaugh
Gorsuch
Alito
Barrett
Thomas

Most Right Wing
Logged
25 Abril/Aprile Sempre!
Battista Minola
Moderators
Atlas Icon
*****
Posts: 12,835
Italy


Political Matrix
E: -5.55, S: -1.57

Show only this user's posts in this thread
« Reply #1 on: September 27, 2020, 03:30:35 PM »

Why is Gorsuch to the right of Kavanaugh?
Logged
Skill and Chance
Atlas Icon
*****
Posts: 15,427
Show only this user's posts in this thread
« Reply #2 on: September 27, 2020, 03:32:08 PM »

I think she is a bit to the left of Alito, but clearly right of Kavanaugh.
Logged
OSR stands with Israel
Computer89
Atlas Institution
*****
Posts: 52,360


Political Matrix
E: 3.42, S: 2.61

P P
Show only this user's posts in this thread
« Reply #3 on: September 27, 2020, 03:32:11 PM »


Kavanaugh voting record is more similar to Roberts than any other justice I believe
Logged
Big Abraham
Junior Chimp
*****
Posts: 6,248
Political Matrix
E: -7.10, S: -2.61

Show only this user's posts in this thread
« Reply #4 on: September 27, 2020, 03:32:46 PM »

Gorsuch becomes the swing vote, not Kavanaugh. And although it's too early to tell, most indications I've seen seem to place Barrett to the left of Alito, but to Kavanaugh's right. Not that she couldn't drift more conservative (or more liberal) over time
Logged
Skill and Chance
Atlas Icon
*****
Posts: 15,427
Show only this user's posts in this thread
« Reply #5 on: September 27, 2020, 03:33:39 PM »


Kavanaugh voting record is more similar to Roberts than any other justice I believe

For now, but Gorsuch is clearly drifting left while Kavanaugh is if anything drifting right.
Logged
OSR stands with Israel
Computer89
Atlas Institution
*****
Posts: 52,360


Political Matrix
E: 3.42, S: 2.61

P P
Show only this user's posts in this thread
« Reply #6 on: September 27, 2020, 03:38:41 PM »


Kavanaugh voting record is more similar to Roberts than any other justice I believe

For now, but Gorsuch is clearly drifting left while Kavanaugh is if anything drifting right.

Gorsuch is more Libertarian so on civil liberties/executive power issues which is why he has struck down more of Trump’s executive orders so far(similarly Scalia voted with the bush admin on Gonzales vs Raich while Thomas voted agaisnt ),


But when it comes to things such as businesses issues , the application of the commerce clause , healthcare and on federalism Gorsuch is much more likely to vote with conservatives on the court  than Kavanaugh on the issues
Logged
lfromnj
Atlas Star
*****
Posts: 21,184


Show only this user's posts in this thread
« Reply #7 on: September 27, 2020, 03:45:14 PM »


Kavanaugh voting record is more similar to Roberts than any other justice I believe

For now, but Gorsuch is clearly drifting left while Kavanaugh is if anything drifting right.

Gorsuch is more Libertarian so on civil liberties/executive power issues which is why he has struck down more of Trump’s executive orders so far(similarly Scalia voted with the bush admin on Gonzales vs Raich while Thomas voted agaisnt ),


But when it comes to things such as businesses issues , the application of the commerce clause , healthcare and on federalism Gorsuch is much more likely to vote on the conservative side on those issues than Kavanaugh

Fair enough. Interesting take.

Gorsuch has also been libertarian for example in Ramos or Native American law cases.



You can't really be "libertarian" on this issue. Gorsuch on Native American cases merely looks at the treaty or at least the original meaning of the treaty to the tribe(due to language differences) and forces the state or federal governments to adhere to the original treaty. This is usually in benefit to the tribe due to the fact the Federal/State governments have broken these treaties multiple times. Overall its just Gorsuch continuing his strict textualist ideology. This is generally a good thing even if it leads to decisions you may disagree with judicially/politically as it does show Gorsuch is an objective judge of the law in many areas which is how we should want all judges to be . It doesn't mean you have to agree with Gorsuch's interpretation of law but rather one should at the very least appreciate the contribution he makes to the court.
Logged
Stand With Israel. Crush Hamas
Ray Goldfield
Junior Chimp
*****
Posts: 9,255


Show only this user's posts in this thread
« Reply #8 on: September 27, 2020, 03:51:12 PM »

It's hard to parse Gorsuch and Kavanaugh. Gorsuch's judicial philosophy is more conservative, but he's more of a strict textual man while Kav has more GOP activist leanings. I'd say Barrett would be a little to the left of Alito/Thomas on the merits, but barely.
Logged
brucejoel99
Atlas Star
*****
Posts: 20,496
Ukraine


Political Matrix
E: -3.48, S: -3.30


Show only this user's posts in this thread
« Reply #9 on: September 27, 2020, 04:11:58 PM »

Switch Alito & ACB's ranks with each other & I think it'd be accurate.
Logged
Sestak
jk2020
Atlas Icon
*****
Posts: 14,121
United States


Show only this user's posts in this thread
« Reply #10 on: September 27, 2020, 11:09:27 PM »

Gorsuch being broadly ideologically "to the right" of Kavanaugh is mostly accurate tbf. On the "typical" case you will find him agreeing with Thomas a lot more than with Roberts or Kavanaugh. The difference is that he (not unlike late-tenure Scalia, though with some obvious differences) has certain issues/scenarios on which he will diverge sharply from traditional alignment. Kavanaugh, on the other hand, so far seems to be very consistently just a couple ticks to the right of Roberts.

I agree with switching Alito and Barrett until at least we have a clearer perspective of what her jurisprudence on SC looks like.
Logged
Fuzzy Bear
Atlas Star
*****
Posts: 27,756
United States


WWW Show only this user's posts in this thread
« Reply #11 on: September 28, 2020, 06:28:55 AM »

It is hard to say.  I believe she is truly a Strict Constructionist and a non-activist Judge.  I do not believe she will vote to nullify much legislation, even liberal legislation, although she will have a conservative record.

One of the most ridiculous statements are the statements as to how appointing Barrett is "a blow to our democracy".  NOT appointing Barrett and allowing Biden to appoint an activist Justice to nullify all sorts of conservative legislation and legislate by Judicial Fiat is the real threat to "democracy". 

Abortion, SSM, unlimited campaign cash, are NOT the products of "democracy"; they are the products of legislating from the bench.  The Left is OK with this because legislatures won't pass much of their agendas in this regard.  Whether these things are good or bad, they are not the law of the land due to "democracy".  To be fair, the same is true about the integration of public schools, and I certainly agree that the integration of public schools and public accommodations wound NOT have come about without the intervention of an activist Court.  But this isn't about "democracy".  Amy Coney Barrett is more about "democracy" than RBG, who was far more about Judicial Activism. 
Logged
ibagli
Jr. Member
***
Posts: 511
United States



Show only this user's posts in this thread
« Reply #12 on: September 28, 2020, 06:38:01 AM »

Abortion, SSM, unlimited campaign cash, are NOT the products of "democracy"; they are the products of legislating from the bench.  The Left is OK with this because legislatures won't pass much of their agendas in this regard.

what
Logged
Badger
badger
Atlas Legend
*****
Posts: 42,255
United States


Show only this user's posts in this thread
« Reply #13 on: September 28, 2020, 02:48:28 PM »

Most Left Wing

Sotomeyer



Breyer
Kagan




Roberts








Gorsuch



Kavanaugh

























Alito
Barrett
Thomas

Most Right Wing

Edited to provide context in terms of degree
Logged
Bootes Void
iamaganster123
Junior Chimp
*****
Posts: 5,676
Canada


Show only this user's posts in this thread
« Reply #14 on: September 28, 2020, 02:50:33 PM »

My guess is that Gorsuch is more conservative but Kavanaugh might be more partisan to say. ACB is left of alito
Logged
Nyvin
Junior Chimp
*****
Posts: 8,067
United States


Show only this user's posts in this thread
« Reply #15 on: September 28, 2020, 03:22:52 PM »
« Edited: September 28, 2020, 03:31:51 PM by Nyvin »

Most Left Wing <Sotomeyer.....Breyer..Kagan....................*Midpoint*...Roberts..Kavanaugh
...........Gorsuch........Barret/Alito/Thomas> Most Right Wing
Logged
Kingpoleon
Atlas Star
*****
Posts: 22,177
United States


Show only this user's posts in this thread
« Reply #16 on: September 28, 2020, 03:52:43 PM »

Abortion, SSM, unlimited campaign cash, are NOT the products of "democracy"; they are the products of legislating from the bench.  The Left is OK with this because legislatures won't pass much of their agendas in this regard. 
Frankly, the Supreme Court has decided that it can rule on marriage since it legalized interracial marriage in the worst form of judicial activism ever - not one in ten Americans supported it.
Logged
OSR stands with Israel
Computer89
Atlas Institution
*****
Posts: 52,360


Political Matrix
E: 3.42, S: 2.61

P P
Show only this user's posts in this thread
« Reply #17 on: September 28, 2020, 03:57:30 PM »

It is hard to say.  I believe she is truly a Strict Constructionist and a non-activist Judge.  I do not believe she will vote to nullify much legislation, even liberal legislation, although she will have a conservative record.

One of the most ridiculous statements are the statements as to how appointing Barrett is "a blow to our democracy".  NOT appointing Barrett and allowing Biden to appoint an activist Justice to nullify all sorts of conservative legislation and legislate by Judicial Fiat is the real threat to "democracy". 

Abortion, SSM, unlimited campaign cash, are NOT the products of "democracy"; they are the products of legislating from the bench.  The Left is OK with this because legislatures won't pass much of their agendas in this regard.  Whether these things are good or bad, they are not the law of the land due to "democracy".  To be fair, the same is true about the integration of public schools, and I certainly agree that the integration of public schools and public accommodations wound NOT have come about without the intervention of an activist Court.  But this isn't about "democracy".  Amy Coney Barrett is more about "democracy" than RBG, who was far more about Judicial Activism. 

On campaign finance it was the conservative wing that struck down McCain-Feingold and other campaign finance laws

On segregation I disagree , the plain reading of the constitution would show that segregation violates the 14th amendment so i don’t think you needed an activist court to come to that decision
Logged
Kingpoleon
Atlas Star
*****
Posts: 22,177
United States


Show only this user's posts in this thread
« Reply #18 on: September 28, 2020, 04:01:36 PM »

On campaign finance it was the conservative wing that struck down McCain-Feingold and other campaign finance laws

On segregation I disagree , the plain reading of the constitution would show that segregation violates the 14th amendment so i don’t think you needed an activist court to come to that decision
The original intent of the fourteenth amendment’s authors was not to ban segregation. Your statement rather fails originalism.
Logged
Badger
badger
Atlas Legend
*****
Posts: 42,255
United States


Show only this user's posts in this thread
« Reply #19 on: September 28, 2020, 04:51:57 PM »

It is hard to say.  I believe she is truly a Strict Constructionist and a non-activist Judge.  I do not believe she will vote to nullify much legislation, even liberal legislation, although she will have a conservative record.

One of the most ridiculous statements are the statements as to how appointing Barrett is "a blow to our democracy".  NOT appointing Barrett and allowing Biden to appoint an activist Justice to nullify all sorts of conservative legislation and legislate by Judicial Fiat is the real threat to "democracy". 

Abortion, SSM, unlimited campaign cash, are NOT the products of "democracy"; they are the products of legislating from the bench.  The Left is OK with this because legislatures won't pass much of their agendas in this regard.  Whether these things are good or bad, they are not the law of the land due to "democracy".  To be fair, the same is true about the integration of public schools, and I certainly agree that the integration of public schools and public accommodations wound NOT have come about without the intervention of an activist Court.  But this isn't about "democracy".  Amy Coney Barrett is more about "democracy" than RBG, who was far more about Judicial Activism. 

On campaign finance it was the conservative wing that struck down McCain-Feingold and other campaign finance laws

On segregation I disagree , the plain reading of the constitution would show that segregation violates the 14th amendment so i don’t think you needed an activist court to come to that decision

All the segregation is set the time literally use the word activist federal courts - - as well as liberals and leftist media - - 2 attack desegregation rulings. And yes, that included conservative registered Democrats like then Governor George Wallace
Logged
OSR stands with Israel
Computer89
Atlas Institution
*****
Posts: 52,360


Political Matrix
E: 3.42, S: 2.61

P P
Show only this user's posts in this thread
« Reply #20 on: September 28, 2020, 05:02:09 PM »

It is hard to say.  I believe she is truly a Strict Constructionist and a non-activist Judge.  I do not believe she will vote to nullify much legislation, even liberal legislation, although she will have a conservative record.

One of the most ridiculous statements are the statements as to how appointing Barrett is "a blow to our democracy".  NOT appointing Barrett and allowing Biden to appoint an activist Justice to nullify all sorts of conservative legislation and legislate by Judicial Fiat is the real threat to "democracy". 

Abortion, SSM, unlimited campaign cash, are NOT the products of "democracy"; they are the products of legislating from the bench.  The Left is OK with this because legislatures won't pass much of their agendas in this regard.  Whether these things are good or bad, they are not the law of the land due to "democracy".  To be fair, the same is true about the integration of public schools, and I certainly agree that the integration of public schools and public accommodations wound NOT have come about without the intervention of an activist Court.  But this isn't about "democracy".  Amy Coney Barrett is more about "democracy" than RBG, who was far more about Judicial Activism. 

On campaign finance it was the conservative wing that struck down McCain-Feingold and other campaign finance laws

On segregation I disagree , the plain reading of the constitution would show that segregation violates the 14th amendment so i don’t think you needed an activist court to come to that decision

All the segregation is set the time literally use the word activist federal courts - - as well as liberals and leftist media - - 2 attack desegregation rulings. And yes, that included conservative registered Democrats like then Governor George Wallace

What they said and what is different , the strict constructionist positon is to be anti segregation cause it clearly violated equal rights and equal protection clause
Logged
KaiserDave
Moderators
Atlas Icon
*****
Posts: 14,683
United States


Political Matrix
E: -5.81, S: -5.39

P

Show only this user's posts in this thread
« Reply #21 on: September 28, 2020, 05:11:50 PM »

Let's make sure not to conflate originalism with textualism. They are not the same.
Logged
lfromnj
Atlas Star
*****
Posts: 21,184


Show only this user's posts in this thread
« Reply #22 on: September 28, 2020, 05:14:20 PM »
« Edited: September 28, 2020, 05:40:36 PM by lfromnj »

Let's make sure not to conflate originalism with textualism. They are not the same.

Yup the best example is Bostock. By using Originalism that Thomas used in that case, the original makers of this law had no desire to protect gay or transgenders as a protected class. However by textualism there was a strong case to protect these groups due to the word sex.
Logged
KaiserDave
Moderators
Atlas Icon
*****
Posts: 14,683
United States


Political Matrix
E: -5.81, S: -5.39

P

Show only this user's posts in this thread
« Reply #23 on: September 28, 2020, 05:18:02 PM »

Let's make sure not to conflate originalism with textualism. They are not the same.

Yup the  best example is Bostock. By using Originalism that Thomas used in that case, the original makers of this law had no desire to protect gay or transgenders as a protected class. However by textualism there was a strong case to protect these groups due to the word sex.

Precisely.

Gorsuch is an originalist on the constitution and a textualist on statutes.

That textualism is evident in his Bostock ruling (which like it or not, had a sound textualist basis), and his rulings on Native law.
Logged
Figueira
84285
Atlas Icon
*****
Posts: 12,339


Show only this user's posts in this thread
« Reply #24 on: September 28, 2020, 05:23:07 PM »

Let's make sure not to conflate originalism with textualism. They are not the same.

Yup the  best example is Bostock. By using Originalism that Thomas used in that case, the original makers of this law had no desire to protect gay or transgenders as a protected class. However by textualism there was a strong case to protect these groups due to the word sex.

Gay and transgender aren't nouns, but this is an excellent point.

Is Kagan really to the right of Breyer?
Logged
Pages: [1] 2  
« previous next »
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.047 seconds with 9 queries.