I wonder if the lack of decisions in some of these cases may betray a three-way ideological split on the court that makes it impossible to write a true majority opinion?
Something like Kagan, Sotomayor, and Brown Jackson off in one corner saying “actually we shouldn’t burn it all down for no reason,” Alito, Thomas, Kavanaugh, and Coney Barret in the other chanting “NO CHEVRON DEFERENCE! NO WOMEN’S RIGHTS! BURN IT DOWN, BURN IT DOWN, GIL-E-AD, GIL-E-AD!” while Roberts and Gorsuch are sitting in the middle asking both sides “won’t one of you just sign on to this opinion that only burns it down a little bit? We’d like to go home to our nice comfy lives as wealthy white men who aren’t affected by any of this, please.”
I wonder if the lack of decisions in some of these cases may betray a three-way ideological split on the court that makes it impossible to write a true majority opinion?
Something like Kagan, Sotomayor, and Brown Jackson off in one corner saying “actually we shouldn’t burn it all down for no reason,” Alito, Thomas, Kavanaugh, and Coney Barret in the other chanting “NO CHEVRON DEFERENCE! NO WOMEN’S RIGHTS! BURN IT DOWN, BURN IT DOWN, GIL-E-AD, GIL-E-AD!” while Roberts and Gorsuch are sitting in the middle asking both sides “won’t one of you just sign on to this opinion that only burns it down a little bit? We’d like to go home to our nice comfy lives as wealthy white men who aren’t affected by any of this, please.”