New Op-Ed: Conservative Justices Warn Kavanaugh and Barrett Lack ‘Fortitude’
The Supreme Court’s Term has now drawn to a close. So far, we don’t have any leaks about internal struggles on the Supreme Court. Yet, on at least two occasions this Term, Justices Thomas, Alito, and Gorsuch have expressed concern about the two newest members of the Court. Specifically, the Thomas-3 allege that Justices Kavanaugh and Barrett lack backbone. Blink, and you’ll miss these serious allegations. But parse the Court’s cases carefully–especially the shadow docket–and the red flags are unmistakeable.
Newsweek has published my new op-ed, titled Conservative Justices Warn Kavanaugh and Barrett Lack ‘Fortitude.’
Here is the introduction:
For the first time in a generation, there are six conservative justices on the Supreme Court. In time, this sextet will incrementally push the Court to the right. Yet, three of them are already sounding an alarm. Twice this term, Justices Clarence Thomas, Samuel Alito and Neil Gorsuch warned that Justices Brett Kavanaugh and Amy Coney Barrett lack backbone.
In an excessive force case, the conservative trio wrote that the
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