Just a general comment about the Supreme Court’s voting alignments, now that Tangerine… is gone.
Jonathan Adler (link below) says it quite well, and succinctly:
“…The Supreme Court issued two significant decisions today. In both decisions, the Chief Justice and Justice Kavanagh aligned fully with the Court’s three liberal justices, while disagreeing (at least in part) with Justices Thomas, Alito, and Gorsuch. Justice Barrett did not participate in either decision as they were argued before she was confirmed to the Court….”
True — it is only two cases, but this block makes… five, no matter where Barrett lands, that is a… majority — at 5-4.
It may be that Kavanagh, as a still very young man, is thinking of his ultimate legacy, as history unfolds — and that Roberts, after nearly four decades, is thinking that history has its eyes on him, as well.
Finally — simply adhering to the law, rather than politics (these two certainly realize) may stave off a move to make the court a 13 member body, before 2024.
Whatever the reason, I will take it. There is no doubt that a police officer firing 13 shots into a car that is driving away, with only a suspicion of a traffic offense… and hitting the driver, a woman, three times with those shots… is an “unlawful seizure” and a violation of her fourth amendment right to be secure in her… person.
That, both Roberts and Kavanagh forcefully told Alito, Gorsuch and Thomas… was just plain old fashioned… common sense.
There can be no serious defense of the New Mexico cops’ actions here.
Namaste. I like it.
Powerline Lies... 