Supreme Court partially grants and partially rejects California churches request

[sguberman]

https://twitter.com/stevenmazie/status/1357899575290388481
Kind of interesting that Barrett didn't go all the way.

[Sestak]

For all the assumptions made about her from both sides (which, don't get me wrong, will probably end up being largely accurate in a lot of cases), the fact is that Amy Coney Barrett is the least well-documented Supreme Court Justice in terms of her exact jurisprudence since (at least)...David Souter.

While her background, statements, and previous rulings make it almost certain that she isn't actually a Souter and is very clearly on the conservative side, exactly where she falls within that side is very much yet to be seen.

[brucejoel99]

Holy sh*t, Kagan is (respectfully) pissed:

In the worst public health crisis in a century, this foray into armchair epidemiology cannot end well.

All this from unelected actors, "not accountable to people." South Bay, 590 U. S., at ___ (ROBERTS, C. J., concurring) (slip op., at 2). I fervently hope that the Court's intervention will not worsen the Nation's COVID crisis. But if this decision causes suffering, we will not pay. Our marble halls are now closed to the public, and our life tenure forever insulates us from responsibility for our errors. That would seem good reason to avoid disrupting a State's pandemic response. But the Court forges ahead regardless, insisting that science-based policy yield to judicial edict. I respectfully dissent.

[cwh2018]

For all the assumptions made about her from both sides (which, don't get me wrong, will probably end up being largely accurate in a lot of cases), the fact is that Amy Coney Barrett is the least well-documented Supreme Court Justice in terms of her exact jurisprudence since (at least)...David Souter.

While her background, statements, and previous rulings make it almost certain that she isn't actually a Souter and is very clearly on the conservative side, exactly where she falls within that side is very much yet to be seen.

Would Kagan not have had more doubts about her due to having never been a judge?
I am surprised by Barrett here as well as I had her down as most likely joining Thomas and Alito on the hard right of the court. 

[Skill and Chance]

For all the assumptions made about her from both sides (which, don't get me wrong, will probably end up being largely accurate in a lot of cases), the fact is that Amy Coney Barrett is the least well-documented Supreme Court Justice in terms of her exact jurisprudence since (at least)...David Souter.

While her background, statements, and previous rulings make it almost certain that she isn't actually a Souter and is very clearly on the conservative side, exactly where she falls within that side is very much yet to be seen.

Would Kagan not have had more doubts about her due to having never been a judge?
I am surprised by Barrett here as well as I had her down as most likely joining Thomas and Alito on the hard right of the court. 

There were early hints of Barrett ending up in the Kavanaugh/Roberts don't-rock-the-boat block rather than Thomas/Alito block (Gorsuch is his own libertarian block, but he obviously comes down with Thomas and Alito on these issues).  She joined a 2/1 decision on the 7th circuit upholding Indiana's COVID lockdown last spring, and gave a speech directly praising judicial restraint and indirectly praising Roberts in 2019.  She also has a longer history on the 7th circuit of being pretty deferential to the government vs. other conservatives.  At this point, I would be shocked if she isn't the 6th vote for severability in the ACA mandate case (assuming they reach severability). 

[cwh2018]

For all the assumptions made about her from both sides (which, don't get me wrong, will probably end up being largely accurate in a lot of cases), the fact is that Amy Coney Barrett is the least well-documented Supreme Court Justice in terms of her exact jurisprudence since (at least)...David Souter.

While her background, statements, and previous rulings make it almost certain that she isn't actually a Souter and is very clearly on the conservative side, exactly where she falls within that side is very much yet to be seen.

Would Kagan not have had more doubts about her due to having never been a judge?
I am surprised by Barrett here as well as I had her down as most likely joining Thomas and Alito on the hard right of the court. 

There were early hints of Barrett ending up in the Kavanaugh/Roberts don't-rock-the-boat block rather than Thomas/Alito block (Gorsuch is his own libertarian block, but he obviously comes down with Thomas and Alito on these issues).  She joined a 2/1 decision on the 7th circuit upholding Indiana's COVID lockdown last spring, and gave a speech directly praising judicial restraint and indirectly praising Roberts in 2019.  She also has a longer history on the 7th circuit of being pretty deferential to the government vs. other conservatives.  At this point, I would be shocked if she isn't the 6th vote for severability in the ACA mandate case (assuming they reach severability). 

Gorsuch is like a cross between a Kennedy and a Scalia in some respects-massively libertarian ala Kennedy and appears to be extremely religious conservative along with Thomas on this court.

[brucejoel99]

For all the assumptions made about her from both sides (which, don't get me wrong, will probably end up being largely accurate in a lot of cases), the fact is that Amy Coney Barrett is the least well-documented Supreme Court Justice in terms of her exact jurisprudence since (at least)...David Souter.

While her background, statements, and previous rulings make it almost certain that she isn't actually a Souter and is very clearly on the conservative side, exactly where she falls within that side is very much yet to be seen.

Would Kagan not have had more doubts about her due to having never been a judge?
I am surprised by Barrett here as well as I had her down as most likely joining Thomas and Alito on the hard right of the court. 

We (by which I really mean politicians, pundits, prognosticators, etc.) have seemingly overestimated how right-wing recent judicial appointments would be. I remember an ideological spectrum diagram from Kavanaugh's confirmation putting him just to the left of Thomas & well to the right of Gorsuch & Alito, which is (obviously) utterly laughable.

[Donerail]

Would Kagan not have had more doubts about her due to having never been a judge?

When someone is selected by the President to serve as Solicitor General there are usually very few doubts about where they're at, ideologically speaking.

[Skill and Chance]

For all the assumptions made about her from both sides (which, don't get me wrong, will probably end up being largely accurate in a lot of cases), the fact is that Amy Coney Barrett is the least well-documented Supreme Court Justice in terms of her exact jurisprudence since (at least)...David Souter.

While her background, statements, and previous rulings make it almost certain that she isn't actually a Souter and is very clearly on the conservative side, exactly where she falls within that side is very much yet to be seen.

Would Kagan not have had more doubts about her due to having never been a judge?
I am surprised by Barrett here as well as I had her down as most likely joining Thomas and Alito on the hard right of the court. 

We (by which I really mean politicians, pundits, prognosticators, etc.) have seemingly overestimated how right-wing recent judicial appointments would be. I remember an ideological spectrum diagram from Kavanaugh's confirmation putting him just to the left of Thomas & well to the right of Gorsuch & Alito, which is (obviously) utterly laughable.

There was certainly some left-Souter risk with Kagan, more so than with any of Sotomayor/Breyer/Ginsburg because they all had established records as circuit judges.

This also helps explain why none of Trump's appointees have drifted off in a wild populist direction like many here feared.

[An American Tail: Fubart Goes West]

For all the assumptions made about her from both sides (which, don't get me wrong, will probably end up being largely accurate in a lot of cases), the fact is that Amy Coney Barrett is the least well-documented Supreme Court Justice in terms of her exact jurisprudence since (at least)...David Souter.

While her background, statements, and previous rulings make it almost certain that she isn't actually a Souter and is very clearly on the conservative side, exactly where she falls within that side is very much yet to be seen.

Would Kagan not have had more doubts about her due to having never been a judge?
I am surprised by Barrett here as well as I had her down as most likely joining Thomas and Alito on the hard right of the court. 

There were early hints of Barrett ending up in the Kavanaugh/Roberts don't-rock-the-boat block rather than Thomas/Alito block (Gorsuch is his own libertarian block, but he obviously comes down with Thomas and Alito on these issues).  She joined a 2/1 decision on the 7th circuit upholding Indiana's COVID lockdown last spring, and gave a speech directly praising judicial restraint and indirectly praising Roberts in 2019.  She also has a longer history on the 7th circuit of being pretty deferential to the government vs. other conservatives.  At this point, I would be shocked if she isn't the 6th vote for severability in the ACA mandate case (assuming they reach severability). 

Gorsuch is like a cross between a Kennedy and a Scalia in some respects-massively libertarian ala Kennedy and appears to be extremely religious conservative along with Thomas on this court.

Scalia also definitely had a Libertarian streak that Gorsuch shares. Gorsuch generally favors Natibe American rights, which is refreshing.

[muon2]

The fractured opinion in this case is fascinating. The majority can't find the right standard - trying to balance legitimate health concerns with the constitutional right to free expression of religion. The split seems to revolve around whether CA has administered its rules in a neutral fashion that survives the strict scrutiny required when a constitutional right is involved. I get the sense that if CA had stiff rules for Hollywood against studio audiences when singing might be involved it could have been 6-3 (or maybe 7-2) in favor of the state. Clearer rules for Hollywood would seem to have satisfied those who thought that one side or the other should be given more time to present explicit evidence of unequal treatment.