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Strange Majority

February 20, 2007 Leave a comment Go to comments

The word used most often to describe the current makeup of the Supreme Court is “divided”, and in many ways that is true. Any 5-4 split decisions always goes along these lines: Roberts, Alito, Thomas, and Scalia (conservatives) voting as a block and Stevens, Ginsburg, Breyer, Souter (liberals) voting as a block, with Kennedy playing the role of kingmaker.

So it is strange anytime a 5-4 split falls along different lines, such as todays’ decision in the Philip Morris case. Now, it is entirely possible Scalia and Stevens¬†dissented for vastly different reasons. Nonetheless, I had to read the paragraph twice to make sure I did not misread.

You know, for a body that’s supposed to be above the fray of politics, SCOTUS has certainly become a symbol of America’s political schism.

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