Scalia was a funny one. He got voted in 98-0, which is mad looking back at now (RBG has similar numbers) though I believe that was hot on the heels of Rehnquist’s CJ appointment being hotly contested and there wasn’t much stomach for another fight. Despite his very conservative leanings he should be more respected, generally speaking, by the left than he is: he was undeniably a great writer, and if you compare him to another originalist like Thomas who’s just...a joke, one can see that. One major bone I have to pick with Scalia is regarding the Commerce Clause and Obamacare. Scalia was extremely knowledgable re CC and I think his concurrence in Raich is his peak on the matter. Unfortunately for him, following that precedent would have required him to upheld Obamacare (which legally is messy, so, so, messy): so he flipped all of a sudden with a pretty flimsy reasoning, and no longer stood by Wickard as precedent, which he had done in Raich.
Perhaps an unpopular but I never had time for Kennedy: I thought he was a poor writer. I was happy when his decisions favoured my political persuasions, sure, who wouldn’t, but I can’t deny his reasoning was often foggy and convoluted. With that in mind I have more time for Roberts and most in my circle do: he had gradually been moving to the centre anyway, and as he became the swing vote (for a bit) he understood what that meant. I also think he respects the significance of his role as Chief Justice. A lot of that is subjective sure, but I think that’s the case. Massive cop out re gerrymandering though
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Alito is brutal. I don’t know what else to add. Partisan hack. Seems to hate the first amendment, which I love pointing out the my conservative uncle who knows a lot less than he thinks about all this.
Gorsuch is quite highly regarded as a writer and thinker: his positions on labour law are absolute dick, however, but his stance re tribal rights is great stuff. Shouldn’t have made it to the SC when he did, poor Merrick Garland, but far and away the best appointment under Trump even if what lead to his appointment was a national and constitutional disgrace.
lastly Kavanaugh, he has a career of decisions I disagree with, but I don’t know what he’s at re the election cases: the Vermont gaffe is embarrassing, and he’s going back to some dangerous shit in Rehnquist’s Bush v Gore concurrence (and quoting lines from pieces that disagree with him)which couldn’t get a majority even then. Actually, the fact that he, a conservative, is harking back to that fecking case with its “disclaimer” of “this is to only apply just this one time” would almost be funny if it wasn’t so serious
As for the libs, Kagan is arguably the leading intellectual, though Sotomayor is now certainly the most passionate. It took a while to work Kagan out given she took a long time to write many separate opinions, but she’s probably the easiest for a non-lawyer to read without missing out on something either through over complication or over simplification; I believe her academic background helps in that regard. Re Breyer, as I am not an originalist I appreciate his frequent criticisms of the concept.