Barrett has chosen a different tack: silence. This term, she has joined a number of important 6–3 and 5–4 decisions that shifted the law rightward without a sentence of explanation. The justice wrote nothing in Dobbs to tell us why she overruled Roe. She wrote nothing in Oklahoma v. Castro-Huerta, a brutal 5–4 assault on tribal sovereignty. Nothing in West Virginia v. EPA hobbling climate regulations; or Kennedy v. Bremerton allowing Christian prayer in public schools; or Carson v. Makin forcing public funding of religious education; or Vega v. Tekohundermining Miranda warnings; or the brutal habeas decisions that let states execute innocent people…
Thursday, July 14, 2022
Amy Coney Barrett Is In Over Her Head
…When the decisions come down, Barrett is frequently missing in action. As the junior justice, she does not get assigned blockbuster opinions, but she is free to write concurrences and dissents. Gorsuch and Kavanaugh wasted no time making their mark on the court through concurring opinions explaining their votes. These separate writings aim to give a reasoned defense of the justices' stance and to distinguish their intellectual projects from the conservative herd.
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