Donald Trump believed that changing the Supreme Court would be the crowning achievement of his presidency.
But Trump got some bad news.
And Brett Kavanaugh made one change to the Supreme Court that Trump never expected.
The current Supreme Court term is turning out to be a disaster for conservatives as liberals rack up wins in the most controversial cases.
Liberals are coming out on the winning end of divided cases in 64 percent of cases, the highest since 1968 which was the height of the left-wing Warren Court.
The New York Times reported:
But the story changes in divided cases, where 64 percent of decisions have been labeled liberal, the highest since 1968.
“Going into this term,” Professor Epstein said, “the expectation was a bunch of divided decisions with the three Democratic appointees getting the short end of the stick. So far that prediction is way off the mark. In divided cases, the Trump appointees have moved the court to the left. If anyone got the short end of the stick, it’s this year’s most conservative justice, Alito.”
Conservative Justice Alito was livid at Justices Roberts, Barrett and Kavanaugh joining with the left to thwart conservative victories over the city of Philadelphia denying contracting work for foster care to a Catholic agency and a third—and likely final—challenge to Obamacare.
In the Catholic foster care case,Alito wrote the decision was so narrow that it“might as well be written on the dissolving paper sold in magic shops” since it provided a chance for the city to again discriminate against the Catholic Social Services and restart the cycle of litigation.
In the Obamacare case, Alito ripped the seven justices who decided the state of Texas lacked standing to sue over the unconstitutionality of the individual mandate after Congress zeroed out the penalty by accusing them of ducking the matter at hand.
Alito also fumed that on three separate occasions the Court invented rationales to uphold Obamacare instead of applying the law and striking the unconstitutional scheme down.
“Today’s decision is the third installment in our epic Affordable Care Act trilogy, and it follows the same pattern as installments one and two,” Alito added that “In all three episodes, with the Affordable Care Act facing a serious threat, the court has pulled off an improbable rescue.”
One justice has been at the center of all these cases as the swing vote and that is Brett Kavanaugh.
Adam Liptak of The New York Times wrote:
That majority very often includes Mr. Trump’s appointees, notably Justice Brett M. Kavanaugh, who is now at the court’s ideological center, replacing the chief justice.
This term, Justice Kavanaugh has voted with the majority in divided cases 87 percent of the time, more than any other member of the court, according to data compiled by Lee Epstein and Andrew D. Martin of Washington University in St. Louis and Kevin Quinn of the University of Michigan.
In his entire tenure, which started in 2018, Justice Kavanaugh has been in the majority 85 percent of the time, the highest rate of any justice since 1953.
This is not what Donald Trump and his supporters thought would happen when Trump nominated Kavanaugh to replace socially liberal Supreme Court Justice Anthony Kennedy.
After Democrats tried to destroy Kavanaugh with false allegations that he was gang rapist and drunken sexual predator, many conservatives believed Kavanaugh would realize the futility of trying to win the “strange new respect” of the left by “growing” into his position on the Supreme Court and handing the left victories.
Instead, Kavanaugh appears to be trying to win the approval of his fellow Washington elites by aligning himself in the “center” of an increasingly liberal Supreme Court.
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