SCOTUS 2022-2023 Term
Vosem:
Quote from: Taylor Swift Boat Veterans for Truth on July 01, 2023, 07:23:11 PM
Quote from: Vosem on July 01, 2023, 06:31:15 PM
How many liberal victories were there (here defined -- and you can quibble with this definition -- as a decision made with all of the liberals in the majority and at least 3 conservatives in dissent)? I count 7 clear-cut examples (Cruz v. Arizona, Roberts and Kavanaugh with liberals; Helix v. Hewitt, Roberts, Thomas, and Barrett with liberals; Wilkins v. US, Gorsuch, Kavanaugh, and Barrett with liberals; Reed v. Goertz, Roberts, Kavanaugh, and Barrett with liberals; Allen v. Milligan, Roberts and Kavanaugh with liberals; Yegiazaryan v. Smagin, Roberts, Kavanaugh, and Barrett with liberals; and Moore v. Harper, Roberts, Kavanaugh, and Barrett with liberals). Another "liberal" opinion that can be added here is US v. Texas, which was 8-1 with only Alito dissenting in judgment, but was Kavanaugh and Roberts joining the liberals for 5-4 on the merits.
I'm not particularly familiar with the other cases, but Wilkins was a Pacific Legal Foundation case, and to the extent it got amicus interest it was the usual right-wing orgs (Cato, NFIB, etc.) lining up with the petitioners. Thomas's dissent adopted the government's position, while Sotomayor's majority lined up with the arguments advanced by PLF. Wouldn't exactly call it a liberal victory.
Yeah, my analysis here is really mechanical and as I pointed out discussing Glacier Northwest some of the "liberal" victories would've been coded as conservative rulings not all that long ago, and the victory is just in a much more conservative framework not being adopted. In addition to picking what cases the Supreme Court gets to here, the right is also substantially getting to frame the contours of the debate. I'm not super familiar with Wilkins, which doesn't even have a Wikipedia article, so I'll defer to your knowledge of that case.
MaxQue:
Quote from: Vosem on July 01, 2023, 08:00:52 PM
Quote from: Taylor Swift Boat Veterans for Truth on July 01, 2023, 07:23:11 PM
Quote from: Vosem on July 01, 2023, 06:31:15 PM
How many liberal victories were there (here defined -- and you can quibble with this definition -- as a decision made with all of the liberals in the majority and at least 3 conservatives in dissent)? I count 7 clear-cut examples (Cruz v. Arizona, Roberts and Kavanaugh with liberals; Helix v. Hewitt, Roberts, Thomas, and Barrett with liberals; Wilkins v. US, Gorsuch, Kavanaugh, and Barrett with liberals; Reed v. Goertz, Roberts, Kavanaugh, and Barrett with liberals; Allen v. Milligan, Roberts and Kavanaugh with liberals; Yegiazaryan v. Smagin, Roberts, Kavanaugh, and Barrett with liberals; and Moore v. Harper, Roberts, Kavanaugh, and Barrett with liberals). Another "liberal" opinion that can be added here is US v. Texas, which was 8-1 with only Alito dissenting in judgment, but was Kavanaugh and Roberts joining the liberals for 5-4 on the merits.
I'm not particularly familiar with the other cases, but Wilkins was a Pacific Legal Foundation case, and to the extent it got amicus interest it was the usual right-wing orgs (Cato, NFIB, etc.) lining up with the petitioners. Thomas's dissent adopted the government's position, while Sotomayor's majority lined up with the arguments advanced by PLF. Wouldn't exactly call it a liberal victory.
Yeah, my analysis here is really mechanical and as I pointed out discussing Glacier Northwest some of the "liberal" victories would've been coded as conservative rulings not all that long ago, and the victory is just in a much more conservative framework not being adopted. In addition to picking what cases the Supreme Court gets to here, the right is also substantially getting to frame the contours of the debate. I'm not super familiar with Wilkins, which doesn't even have a Wikipedia article, so I'll defer to your knowledge of that case.
Seems to be about governmental maintenance of their easements, through the whole lawsuit was about the existence of deadline to bring an action on it.
politicallefty:
Quote from: Progressive Pessimist on June 30, 2023, 06:31:44 PM
I'm thankful for the two rulings on elections/voting, but this term was still an absolute travesty.
Even those decisions weren't true wins. They were just holding the line, preventing things from getting worse. Maybe I can give you Milligan, but Moore ultimately reserves massive power to the federal judiciary (and, ultimately, the Supreme Court) over state courts.
I'd also say my prior supposition that Roberts has his Court back is definitively true.
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