Author Topic: Mystery Delays Push Divisive Supreme Court Issues Into Election Year  (Read 820 times)

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Offline Elderberry

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Bloomberg By Greg Stohr 5/9/2019

    Cases on deportation, abortion, same-sex wedding cakes delayed
    Supreme Court faces massive term during presidential campaign

In January the Supreme Court appeared poised to act on President Donald Trump’s bid to end deportation protection for hundreds of thousands of young immigrants.

Then the case disappeared. Though scheduled to discuss the appeal at their Jan. 18 private conference, the justices haven’t taken any public action since.

The case has become one of the many mysteries in a Supreme Court term that so far is defined less by the issues the justices have decided than by those they’ve deferred. The court has also put off taking action in cases involving abortion, same-sex wedding cakes and transgender bathroom access.

The delays have kept the court out of the some of the country’s most polarizing issues, at least during the nine-month term that ends in June. The court now faces the possibility of a massive 2019-20 term, issuing major decisions in the heat of the next presidential election campaign. The court could announce more cases for next term on Monday.

"It’s pretty obvious that the court is choosing to put off consideration of the most potentially divisive and high-profile subjects," said Don Verrilli, a lawyer at Munger Tolles & Olson in Washington and formerly President Barack Obama’s solicitor general. "The consequence, of course, is that all of this stuff will come up in an election year."

The cautiousness follows -- and may stem from -- last year’s bruising fight over Justice Brett Kavanaugh, who won Senate confirmation despite allegations he committed sexual assault decades ago. With Chief Justice John Roberts focused on the court’s institutional legitimacy, he and Kavanaugh both have reasons to avoid polarizing fights in the near term. The two are positioned to determine how quickly the five-justice conservative majority will shift the law to the right.


Offline Jazzhead

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The Court's institutional legitimacy is at stake because the Dems have threatened to pack the Court if it doesn't rule the way they think it should.   This is, effectively, intimidation, and yet another example of how authoritarian the soul of progressivism has become. 

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