*The transcript for this program was compiled from uncorrected Closed Captioning.
FIVE TO FOUR SPLITS IN THE PARTISAN LINES MADE GOOD PRESS BUT IT TURNS OUT ONLY ABOUT ONE FIFTH OF THE CASES BECAME THE CHIEF JUSTICE IN 2005 HAVE BEEN DIVIDED BY-FOR. AND AT LEAST ONE THIRD OF THE 5-4 SPLITS INVOLVE UNLIKELY BEDFELLOWS.
LIKE ALIGNMENTS WHERE ONE OF THE LIBERALS LIKE BREYER OR SOTOMAYOR OR KEGAN JOIN WITH ALITO TO CREATE A 5-FOR A MINUTE IN WHICH THEY ARE THE OTHER THREE LIBERALS WHO IS INVARIABLY MORE PROTECTIVE OF PRIVACY RIGHTS AND MORE LIBERAL OF BREYER OR ANY OTHER JUSTICE.
YOU WOULDN'T KNOW THAT FROM THE REPUTATION THAT IS PROBABLY A HOUSE NURTURED AS A RADICAL UNCOMPROMISING CONSERVATIVE.
JUST YESTERDAY, FOR EXAMPLE, ELENA KEGAN LED A 5-4 DECISION THAT WAS AGAINST IMMIGRANT CHILDREN WHO HAD THE BAD LUCK TO TURN 21 BEFORE THEIR PARENTS DROPPED TO THE HEAD OF THE SLOW-MOVING LINE FOR THE IMMIGRANT VISA.
THEY WERE JOINED BY ANTHONY KENNEDY, THE REPUBLICAN, RUTH GINSBURG, DEMOCRAT, AND THE OPINION WRITTEN BY ROBERTS AND JOINED BY SCOTT LEAH.
THE DISSENTING JUSTICES THAT RULED IN FAVOR AND 21 AFTER HIS MOM WOULD EMIGRATE FROM EL SALVADOR IN 1998 HAD WAITED IN LINE FOR EIGHT YEARS. BUT IT WAS HIS MISFORTUNE. HE TURNED 21 AND HAD TO GO TO THE END OF THE LINE.
THEY WERE ALSO UNLIKELY BEDFELLOWS. CLEARANCE THOMAS, SAMUEL ALITO AND SONYA SOTOMAYOR. WITH LOTS OF THE DEVICE CASES YOU GET THESE UNUSUAL ALIGNMENT.
THERE IS A DECISION THAT THE BOOK DEALS WITH IN SOME DETAIL WHERE KENNEDY LED A 5-3 MAJORITY AND WAS REFUSED FOR STRIKING DOWN MOST OF ARIZONA. SCALIA WROTE A DISSENT THAT CALLED THE COURT'S DECISION MIND-BOGGLING. HE WENT OUT OF HIS WAY AND OUTSIDE OF THE RECORD OF THE CASE TO ATTACK OBAMA FOR SOMETHING UNRELATED TO THE CASE. HIS USE OF EXECUTIVE POWER TO FAVOR THE IMMIGRANT CHILDREN KNOWN AS DREAMERS.
THE "WASHINGTON POST" THAT USUALLY SELECTS THE PRESIDENT OR SENATOR OR CABINET MEMBER FOR THE OWNER BESTOWED THE WORST WEEK IN WASHINGTON PRIZE PARTLY BECAUSE HE WAS OUT VOTED IN THE OBAMACARE DECISION THAT CAME DOWN.
THOSE ARE JUST SOME EXAMPLES IN THE BOOK AND IT DEALS WITH THEM AND EXPLAINS THEM.
IT'S NOT JUST OF THE CASES AS A BARE MAJORITY THAT EXPOSED THE FALLACY OF THE INCREASINGLY COMMON DESCRIPTION OF THE ROBERTS COURT IN THE RIGHT-WING POLITICAL HACKS.
Book Discussion Uncertain Justice Video C-SPAN.org
THERE ARE PLENTY OF RULINGS WHICH ACCOUNTED FOR NEARLY HALF OF THE
DECISIONS IN 2012 TO 2013 IN WHICH THE NINE JUSTICES ARE DIVIDED ON THEMSELVES. IT JUST LOOKS UNANIMOUS THAT THEY ARE POINTING IN LOTS OF DIFFERENT DIRECTIONS. AND IF YOU STUDY THE DIRECTIONS YOU DON'T HAVE TO BE THE LEGAL MAVEN TO UNDERSTAND THEN YOU JUST HAVE TO SPEAK PLAIN ENGLISH ENGLISH. THEY DIVIDE AMONG THEMSELVES IN WAYS TO TELL US A LOT MORE ABOUT WHAT IS REALLY GOING ON AND WHERE THE COURT IS LIKELY TO GO NEXT. IN THE FIVE JUSTICES APPOINTED A REPUBLICAN PRESIDENT. PEOPLE CALLED HIM SCALITO. NOTHING COULD BE FURTHER FROM THE TRUTH. ABOUT FREE SPEECH AND PRIVACY AND ABOUT THE NEED TO STICK TO THE ORIGINAL MEANING OF THE VARIOUS PARTS OF THE CONSTITUTION. FIRST IT IS IN THE WORLD ARGUMENT ABOUT THE SILENT INTERACTIVE VIDEO GAMES TO