In a trademark case, Barrett agreed with Thomas’ bottom line but sharply disagreed with pretty much everything else.
Commentat the Supreme Court last week, splintering the justices into warring camps over the value and practicality of history in constitutional analysis. No surprise there—as the term accelerates toward a contentious finale, the tensions roiling major cases are bound to spill over into littler ones.
Why did Barrett spill so much ink repudiating Thomas’ opinion when the two justices landed in the same place? Her opinion reads like a rebuttal ofmarked a sea change because it upended the way courts looked at firearm restrictions. Previously, the courts of appeals applied heightened scrutiny to gun laws, asking whether the regulation was carefully drawn to further public safety. SCOTUS applies this test in countless other contexts, including the First Amendment and equal protection.
Sonia Sotomayor Points Out How Quickly the Conservative Justices Will Drop Their Stated Principles When It Suits Them. What’s certain right now is that the justice, at a minimum, has serious doubts about the legitimacy and workability of this Supreme Court’s sloppy,. That doesn’t mean Barrett has abandoned her broader commitment to the conservative legal movement’s cause.
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