From unanimity to ‘fear mongering’: How the raucous Supreme Court term turned in Trump’s favor

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Just as the Supreme Court was heading into its final arguments of what would become a dramatic and historic term, Justice Amy Coney Barrett issued a plea to her warring colleagues.

“This is not the time to amplify disagreement,” Barrett, a conservative and the second-most-junior justice, scolded the court’s liberal wing in a decision allowing former President Donald Trump to appear on presidential ballots despite his actions on January 6, 2021. “Writings on the court should turn the national temperature down, not up.” Four months later, it seems no one took her advice.

Barrett, who took the bench in October 2020, showed a streak of independence in her fourth term that some of her critics may have found surprising. That was particularly notable in the immunity decision, in which Barrett departed from her colleagues on a technical but potentially significant question of whether a jury can even consider evidence of Trump’s official actions in a potential trial. Barrett raised concerns that decision could “hamstring the prosecution.

 

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