Ruling on LGBTQ rights once again reveals precarious nature of Supreme Court's conservative majority

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During their short time on the high court, the two conservatives have shown they are willing to tangle with doctrinaire conservatism – and each other.

WASHINGTON – It took President Donald Trump only 11 days in office to decide that Colorado's Neil Gorsuch deserved a lifetime appointment to the Supreme Court. Trump followed that up with his nomination of Maryland's Brett Kavanaugh one year later.

Roberts, who could have kept the writing of the opinion for himself, assigned it to Gorsuch, the most junior of the six justices in the majority. Kavanaugh, who most frequently sides with the chief justice, often against the court's other three conservatives, penned one of two vehement dissents.The result left Trump somewhat surprised but accepting of the court's – and his nominees' – verdict.

'Trying to follow the law'It wasn't the first time Gorsuch veered from the conservative course most of his advocates expected. Folksy and self-deprecating, the court's lone Westerner came from Colorado in 2017 and amply filled the late conservative Associate Justice Antonin Scalia's seat on the bench. It took him only two terms to lead his colleagues in dissents.

"What I’m doing is not my preference. I am trying to follow the law," he said during an interview with USA TODAY last September. "Nobody's telling me what to do." Where Gorsuch and Kavanaugh have differed, it is often Kavanaugh who aligns with Roberts and the liberals. In his first term, Kavanaugh agreed with Roberts in more than 90% of the cases. This term, he had been the only justice to agree with the court's majority in every decision, until Monday when he parted ways over LGBTQ rights.

 

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