The Supreme Court did not move aggressively to the right, as many Democrats and liberal activists feared and many abortion foes had fervently hoped, writes DavidGSavage.
Roberts’ dominant role was on full display on the final day in two major cases on political power, both effectively decided by the chief justice.closed the federal courts to claims of partisan gerrymanderingIn the opinion, joined by the four other conservative justices, Roberts said there was no legal formula or mathematical rule for a judge to decide when an election map drawn by state legislators crosses a line to become unconstitutionally partisan.
But the chief justice noted that Trump’s commerce secretary, Wilbur Ross, had supplied only “contrived reasons” for adding the question. The surprising result angered the four other justices on the right. All year, they were frustrated with the chief justice’s cautious approach. And on Friday, the court refused to hear Alabama’s appeal of a law that would have ended nearly all second-trimester abortions. It takes only four votes to grant review of a case, indicating that Kavanaugh, like Roberts, is not ready to rule soon on abortion.
Last week, he spoke for a 5-4 liberal majority that overturned part of a vaguely worded 1980s crime law that tacked on as many as 25 extra years in federal prison for thousands of convicts already serving time for crimes such as robbery. “Vague statutes threaten to hand responsibility for defining crimes to relatively unaccountable police, prosecutors and judges,”. In dissent, Kavanaugh called the decision “a serious mistake.
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