All hell broke loose at the Supreme Court.
The justices’ disagreements broke out into the open.
And one Supreme Court justice picked this major fight with Brett Kavanaugh.
Fulton v. City of Philadelphia figured to be one of the blockbuster cases of this current Supreme Court term.
Liberals braced for a major defeat in a case where Philadelphia refused to contract with the Catholic Social Services for foster case because of the Catholic group’s opposition to homosexual marriage.
But Chief Justice John Roberts’ march to the left interfered.
Roberts got the Court’s three liberal justices to sign on to a unanimous 9-0 opinion that Roberts authored on the narrowest grounds possible.
The chief justice limited the ruling to this specific case and Philadelphia’s nondiscrimination law.
“Certification as a foster parent…is not readily accessible to the public. It involves a customized and selective assessment that bears little resemblance to staying in a hotel, eating at a restaurant, or riding a bus,” Roberts ruled.
This infuriated Justice Samuel Alito who authored a much longer 77-page opinion that many realized was actually the majority opinion before Roberts and the liberals engineered their corrupt bargain.
Since Roberts was in the majority, he gets to choose who writes the opinion, and Roberts picked himself.
Conservatives on the Court wanted to overturn the 1990 Employment Division v. Smith case which held that the government could discriminate against religion as long as the law in question applied broadly to everyone.
Brett Kavanaugh and Amy Coney Barrett initially appeared to side with Justices Alito, Clarence Thomas and Neil Gorsuch to issue a sweeping ruling throwing out Smith and granting broad protections for religious liberty.
But Roberts convinced them to switch their votes.
Justice Alito was furious and mocked Roberts, Kavanaugh and Barrett for a ruling that invited the city of Philadelphia to tweak their nondiscrimination law which would restart the cycle of litigation.
“This decision might as well be written on the dissolving paper sold in magic shops,” Justice Alito fumed. “The City has been adamant about pressuring CSS to give in, and if the City wants to get around today’s decision, it can simply eliminate the never-used exemption power. If it does that, then, voila, today’s decision will vanish—and the parties will be back where they started…. What is the point of going around in this circle?” Alito wrote.
There was some thought in conservative circles that Roberts’ left-wing opinions the last several years on the census, abortion, homosexual rights and amnesty were a rebuke of Donald Trump and that once Trump was out of office Roberts would reassert conservative jurisprudence.
That hope turned out to be false as the chief justice is now a functional liberal.
And Justice Alito was not happy that Brett Kavanaugh is turning into the Supreme Court justice that votes most often with Roberts.
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