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Retailers use police-like investigation centers to fight theft. Shoppers pay the price Anchorage
- Location: Anchorage, Alaska, United States
During their last two weeks of oral arguments, the anger among justices on both sides of the bench was obvious to lawyers and others who regularly attend.
They sounded testy and looked weary. During the scheduled one-hour hearings that often ran twice as long, several justices held their heads in hands. Alito rolled his eyes. Elena Kagan wore a pained expression. Clarence Thomas rubbed his face. In some cases, when Ketanji Brown Jackson, the junior justice, posed her final queries at the end of a clean-up round of questioning, most of the others didn’t look her way.
The larger atmosphere suggested many were simply not listening to each other or respecting divergent views – a pattern bound to make the final sprint of negotiations especially difficult.
As a result, it could be harder for Chief Justice John Roberts to win unanimity, or something close to it, in the controversy over Trump’s demand for immunity. In past challenges to presidential power, whether involving Richard Nixon or Bill Clinton, chief justices have labored toward unanimous rulings.
Personal discord can also make the tone of their written opinions harsher all around, as seen in March in the Trump ballot case from Colorado or Thursday in a racially charged voting case from South Carolina.
More substantively, these differences can stymie compromise. Concurring opinions and competing rationales, as occurred in last week’s dispute over the Consumer Financial Protection Bureau, when five justices split off from the majority in concurring statements, are apt to confuse lower court judges and others trying to understand the legal precedent.
The justices have already stalled on some controversies heard last fall, even as they are now dealing with the new ones argued this spring, including on abortion access, “bump-stock” firearm regulation and homeless encampments.
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