During his 30-year tenure, Justice Anthony Kennedy was often in the majority on landmark cases. Since his retirement, the court has shifted in a new direction.
perpetuated its errors, and those errors do not concern some arcane corner of the law of little importance to the American people,” wrote Justice Samuel A. Alito Jr., who was joined by Justices Clarence Thomas, Gorsuch, Kavanaugh and Trump’s final choice for the court, Amy Coney Barrett.
. “Courts may not license separating students on the basis of race without an exceedingly persuasive justification that is measurable and concrete enough to permit judicial review.”the Georgetown law professor, said the court similarly has gone beyond where she thinks Kennedy would be on environmental law. Kennedy was not a sure vote for that side, she said, and had become skeptical of deferring to the expertise of federal agencies in some cases.
The arrival of the two conservative successors gave conservatives more leeway to take controversial cases, and still prevail even if not all of the court’s right flank agrees, Chemerinsky said. That was the case with, where Roberts voted with his fellow conservatives to restrict abortion rights but not to get rid of the precedent.
Litman said she is not certain either. But she said she believes he would have had qualms about Gorsuch’s opinion in the case,That decision “was opening a new direction that doesn’t seem like it’s going to stop with 303 Creative,” and could endanger other protections, Litman said.Six of the nine justices are former Supreme Court clerks. Chemerinsky believes Roberts generally aligns with William H. Rehnquist, his old boss.
“What would you feel? I’d be a little bit disappointed,” she told an interviewer. “If you think you’ve been helpful, and then it’s dismantled, you think, ‘Oh, dear.’ But life goes on. It’s not always positive.”
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