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Pew Research Center does not take policy positions. It is a subsidiary of The Pew Charitable Trusts. Newsletters Donate My Account. Research Topics. Supreme Court on Sept. Share this link:. Even before the death of Ginsburg whose score was However, there is clear evidence about her political views. During her confirmation hearings last week. Barrett later apologized. Assuming that she scores 2. If Trump wins a second term, his administration will also be free of a major roadblock in Roberts.
Last year and this year, Roberts joined the liberals in two cases involving major Trump administration policies — the attempt to add a citizenship question to the census and the attempt to rescind Deferred Action for Childhood Arrivals , the Obama-era program that grants certain young undocumented immigrants temporary permission to remain in the country legally. Kavanaugh and Justice Neil Gorsuch are both possible candidates for that kind of defection — especially Gorsuch, who did vote with Roberts and the liberals this year in a case involving workplace discrimination against homosexual and transgender employees.
But those coalitions could be more difficult for Roberts to forge going forward, particularly since his interests may be more aligned with the moderate liberals than with some of his fellow conservatives. This year, for example, he voted with Kagan about as often as he did with Alito, more often with Kagan than he did with Thomas and about as often with Breyer as he did with Thomas. Roberts does retain one big, important power, though.
That might make for a change in strategy for him, however. Instead of trying to bridge the divide between the left and right, Roberts might side with his fellow conservatives more often, as it would enable him to claim the opinion in cases where he wants to rule as narrowly as possible.
Now, that seems likely to accelerate. And not just because the conservative majority may be open to overturning precedents. Lower courts, legal advocates, and state legislatures all calibrate their actions, at least to some extent, based on how far they think the Supreme Court is willing to go.
Some anti-abortion legal advocates , for example, have deliberately adopted a more incremental strategy up until now, in part because they thought it was unrealistic that the Supreme Court would overturn Roe v.
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