Roberts Again Joins Radical Left Wing Justices

   < < Go Back
from The Gray Area:

It is well understood that Republican nominated Supreme Court Justices are fundamental constitutionals. Politics is of no interest in there decisions. As a result, you will occasionally find a Republican nominated justice switch political sides for a reasoned constitutional opinion on an issue.

In this regard, Chief Justice John Roberts, a George W. Bush nominee, stands out. Not for one such opinion, but for a now growing list of unusual opinions over the past decade. It is that ‘list’ that makes people wonder if he is political or constitutional. And makes a 6-3 Republican majority on the Supreme Court, in reality, 5-4.

As reported below by The Wall Street Journal Editorial Board.

In this March 16, 2020 photo, people walk outside the Supreme Court in Washington. The Supreme Court sided unanimously Monday with North Carolina in a copyright fight with a company that has documented the salvage of the pirate Blackbeard’s ship off the state’s coast. Justice Elena Kagan wrote for the court that the company’s copyright infringement lawsuit, which she called “a modern form of piracy,” could not go forward because the Constitution generally protects states from lawsuits in federal courts. (AP Photo/Patrick Semansky)

Wow. That word rarely applies to Supreme Court opinions. But it does in our view to the Court’s order on Thanksgiving eve enjoining New York’s Covid-19 order restricting attendance at religious services. The Court is back as a sentinel protecting the free exercise of religion, even in a health emergency.

The Court’s order is a temporary injunction pending review on the merits by lower courts and perhaps eventually the Justices. But the rhetorical firepower unleashed in six separate opinions shows that convictions run hot at the Court on this subject, as well they should given the stakes for American liberty that has itself been enjoined by politicians in the pandemic.

More From The Wall Street Journal (subscription required):