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From one perspective, he’s growing a new center on the courtroom with the Chief Justice. Kavanaugh voted with Roberts more often than another justice, sticking with the chief 94% of the time, according to Feldman. These two justices voted with the majority the best share of the time this term, cementing the court docket’s new conservative middle.
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Those who know both Kavanaugh and Roberts aren’t shocked by this rising judicial partnership. Kavanaugh often sent law clerks to Roberts, and the two judges are temperamentally, philosophically and stylistically comparable, associates and former clerks say. Kavanaugh may be more academic in his jurisprudential strategy, while Roberts tends to be more practical— Kavanaugh has said he’s an originalist, while Roberts doesn’t establish as one. But neither is doctrinaire like the late Justice Antonin Scalia was, philosophically adrift like Kennedy or incrementalist like former Justice Sandra Day O’Connor. Kavanaugh’s first time period on the courtroom presents a extra complicated image of the type of justice Kavanaugh may turn into.
There have been eight conventional 5-4 splits this time period, with the five conservatives voting as a bloc. But there were as many 5-four choices with all of the liberals plus one conservative in the majority this time period as there were circumstances with all of the conservatives voting over the liberal wing. Leo and his allies predict that Kavanaugh will evolve to be more like Alito, who’s ideologically to the best of … Read More