Posted originally on the conservative tree house on February 22, 2021 by Sundance
The supreme court has taken a knee… let me explain why it is so evident:
In a 6-3 ruling today the U.S. Supreme Court has refused to grant writ to hear the Pennsylvania election challenge cases [pdf here – begin page 25]. While the majority of media will likely celebrate this decision; and while the court has refused to hear the case(s) based on their position the issues are “moot”; there appears to be an underlying motive not being discussed.
It only takes four justices to agree to hear a case and grant a writ of certiorari. In October 2020 the issues with the Pennsylvania court overruling the Pennsylvania legislature was of such importance four justices agreed to block the lower court order. However, four months later the majority claim the arguments within the case are “moot”; & the election is over.
In essence the Roberts Court is saying they will allow any/all methods and manipulations of election law within states, and only look to the state outcome. This is very troublesome.
Why would Justice Kavanaugh reverse his position? In October the state action to supersede the Pennsylvania legislature was a hazard. In February it is moot.
While it is never a good idea to look into the background of the court for motives, one cannot easily dismiss that Roberts, Kavanaugh and Barrett may have voted against the writ because they were concerned such a decision would cause the senate to start a process of “packing the court.” Retaining the current number of justices within the court is more likely if the justices avoid triggering the consequences from the previous threat.
Justices’ Thomas, Alito and Gorsuch remained consistent with their earlier decisions to hear the cases and settle the disputes. Barrett never weighed in on the October injunction, but Kavanaugh has completely reversed his position with his denial of the writ.
Succinct encapsulation from Justice Thomas: