Justice Amy Coney Barrett talks with Justice Clarence Thomas during her ceremonial swearing-in to the Supreme Court in 2020. The two conservative justices now appear at odds over originalism. | Tasos Katopodis/Getty ImagesA rift is emerging among the Supreme Court’s conservatives — and it could thwart the court’s recent march to expand gun rights.
For the moment, the battle lines in this civil war among the court’s six conservatives remain somewhat murky. Justices Samuel Alito and Neil Gorsuch seem to be squarely in Thomas’ camp, while Chief Justice John Roberts and Justice Brett Kavanaugh are being cagey about where they stand. Barrett, a Trump appointee, added what could be interpreted as a jab at the very premise of originalism, which has been a hallmark of the conservative legal movement for decades.
Barrett joined both those opinions in their entirety, but now she’s sending an unmistakable signal that there are limits to the utility of history in resolving today’s hard constitutional questions.set off a furious debate among legal scholars, historians and judicial gatherings about whether the justices got the history right — and about the overall wisdom of the effort. Evenon the shortcomings of turning to the 17th and 18th centuries to resolve 21st century disputes over issues like abortion.
Trump’s attorneys have noted that no sitting or former president had ever faced criminal charges before Trump.
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