I start from a proposition to always remember that these are the cases the justices chose to decide. And so against that backdrop, the fact that they took some of these cases and ruled against the more visibly, if not conservative, at least Republican position, is not necessarily a sign of any kind of moderation, as opposed to just maybe daylight between [Chief Justice] John Roberts, Amy Coney Barrett, Brett Kavanaugh, on one hand, and [Texas Attorney General] Ken Paxton on the other.
I think the reality is that the chief justice and Justice Kavanaugh and Justice Barrett are fairly conventional conservatives, what we might call Bush conservatives. And it ought not to be surprising that Bush-type conservatives are troubled by some of the especially envelope-pushing arguments that are being advanced by plaintiffs and some states in these cases.I’m curious about that, particularly with Justice Barrett.
We talked about two of the newer justices, but what did we learn about the newest justice, Ketanji Brown Jackson?
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