The Supreme Court's four liberals are displaying irritation at its new, more conservative majority. And some of the five conservatives are showing impatience with the incremental pace of change.
Richard WolfWASHINGTON – The Supreme Court decided an Indiana abortion case last month with an unsigned, three-page compromise opinion that had something for both conservative and liberal justices to like."Justice Ginsburg's dissent ... makes little sense," Associate Justice Clarence Thomas wrote in a footnote to a 20-page concurrence.
The high court has been through other periods of fear and loathing, particularly after its December 2000 ruling that handed the presidency to George W. Bush. This time, ill tempers are colliding with Chief Justice John Roberts's effort to lower the temperature following last fall's contentious confirmation of Associate Justice Brett Kavanaugh.
When the court ruled 5-4 in February to permit a Muslim inmate's execution in Alabama without allowing an imam to provide spiritual support in the execution chamber. Kagan wrote for the liberals that the decision was"profoundly wrong." Commentators on both sides of the ideological spectrum denounced the court's decision.
“Those are things that are sort of peeks behind the curtain,” said Ian Gershengorn, former principal deputy solicitor general at the Justice Department. “To court watchers, that seems significant.” The four liberal justices were so incensed that each wrote a separate dissent. Their feud with Roberts' majority opinion featured what Scott Nelson of Public Citizen Litigation Group, which represented workers seeking to sue as a class, called"pointedness in the punctuation."
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