SCOTUS continues to surprise
Jun. 26th, 2014 05:02 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
drwexThree of the four decisions that have come out this week have been unanimous. That's extremely surprising if you're a Court wonk. Early in the Roberts era he seemed to be working toward fashioning more compromise positions but in the past year the Court has been sharply divided on many issues.
In addition, it's late in the term. The Court traditionally leaves contentious decisions for late so most watchers assumed some of these cases would produce 5-4 outcomes. Instead the Court went 9-0 on buffer zones (no zones), 9-0 on searches of cellphones (no searches without a warrant), and 9-0 on recess appointments (no, three days does not constitute a long enough time for Congress to be considered in recess). That suggests that the Justices saw compelling positions to which they could all sign on, regardless of their ideological leanings.
I give Roberts and the other Justices thumbs-up for showing that compromise is still possible somewhere in government.
In addition, it's late in the term. The Court traditionally leaves contentious decisions for late so most watchers assumed some of these cases would produce 5-4 outcomes. Instead the Court went 9-0 on buffer zones (no zones), 9-0 on searches of cellphones (no searches without a warrant), and 9-0 on recess appointments (no, three days does not constitute a long enough time for Congress to be considered in recess). That suggests that the Justices saw compelling positions to which they could all sign on, regardless of their ideological leanings.
I give Roberts and the other Justices thumbs-up for showing that compromise is still possible somewhere in government.
