this post was submitted on 05 Jan 2024
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[–] [email protected] 14 points 10 months ago

I have zero faith in Thomas or Alito. Gorsuch and Kavenaugh, while bad overall, have managed to surprise me a few times. While both were appointed by Trump, they haven't been the MAGA loyalists I expected so far.

Gorsuch actually wrote the majority opinion on Bostock v Clayton County, guaranteeing sexual orientation as a protected class. He's also been a defender of Native American rights and his Originalist tendencies focusing on Founders Intent when it comes to legislation may be helpful since those actually barred from office following the Civil War weren't convicted in a court prior to their prohibition from office. He also Clerked under Justice Kennedy.

Kavenaugh has always been a partisan. He was Counsel for George W Bush and the was an author of the Star Report leading to the impeachment of Clinton. His approach to the law involves strict interpretation of language, and less of a focus on intent. The question of whether the 14th amendment applies to the President will be a big part of his decision, as other elected positions are specifically named.

But he also Clerked for Kennedy, and has been less-partisan than expected from the bench. He's the idealolgical center of the Court (the most-partisan justices are Alito, Thomas, and Kagan). He voted with Roberts (the least-partian justice) 95 percent of the time in the last term, and the justice with whom he disagreed more than any other was actually Thomas.

He was also the majority opinion on 96 percent of cases, though that's a little misleading because the justices agree more than they don't. The justice with the lowest rate of being in the majority last term was Thomas followed by Alito, who were still in the majority on 76 and 80 percent of cases, respectively.

And even Barrett could have been worse, though she's definitely the worst of the 3, and even more painful is that she replaced RBG. Interestingly though, Dobbs v Jackson is the only 5-4 case where she joined the majority opinion during her tenure.

Idealogically, all 3 Trump appointees are closer to center than any of the liberal justices. I don't like any of them, but the worst justices on the Court are still Thomas and Alito.