conservatives say we need to elect
a republican president and senate so
they can nominate
and confirm rock-ribbed conservative
judges well okay
pinning your hopes on five judges on a
high court to save the republic is
pretty much the definition of playing
defense
and the judges republic is a
contradiction in terms anyway but be
that as it may in theory there is now a
6-3
conservative majority on the supreme
court so how's that working out well in
recent days
kavanaugh and roberts have joined the
three lefty judges in keeping the
federal moratorium on rental
accommodation
eviction in place and in the transgender
bathroom case kavanaugh gorsuch
barrett and roberts joined the three
lefties
in declining even to hear the case so
what's going on we turn to
not only the host of fox news at night
but our
chief courtroom honcho uh shannon breme
uh and shannon uh has an excellent
column on this at foxnews.com and
shannon your take
is that there's really it's it's not a
six-free court
the it's actually something closer to an
italian parliament
there's there's like multiple parties in
here or at least three of them
yeah it seems that when you look at how
things shook out
this last season uh this last term for
the court uh yeah you could argue
there's a 333 that you've got
the liberal justices sotomayor breyer
and kagan
on one end in the middle a lot of folks
would argue you've got the chief justice
you've got justice roberts and uh
you've got barrett and you've got
kavanagh and then on the other end
sticking together on some of the tougher
issues you've got justices alito thomas
and gorsuch so
that you know i think that you have
those three in the middle who we saw
them go
both ways a number of times uh they're
not if conservatives want to call
something a quote reliable vote
for what they want to see justices do or
they hope they will do um but what
they'd say they want is obviously for
the justices to follow the law
the text to interpret it as it's written
and for those three that often puts them
in the middle
uh going back and forth with those two
other branches
well we've always had a like a
designated swinger on the court 20 years
ago it was
sandra day o'connor and then it it was
uh
kennedy and then it was roberts but
this business where you've got basically
a robert's block and you say it's three
i'm not
so sure it isn't four and that gorsuch
isn't part of that block two this idea
of a block that seems
mainly interested in not uh weighing
in on anything that will make the court
the center of america's culture's wars
is that a fair
pricing yeah i think that you could look
at it that way because
what they're going to argue all members
of the court when they talk about this
is they don't want to be viewed as
political
we know the chief very much is an
institutionalist he wants to protect the
court as an institution
and i think you could argue that a
couple of the other justices um could be
influenced by making decisions that way
listen they've come to a lot more
consensus this last term than a lot of
people would think based on the
headlines
we crunched the numbers and it's
basically 60 percent of the time they
were a unanimous decision
only a single dissenter and i think
they're all very aware of these calls
for packing the court this political
pressure from outside even justice
breyer
um he was spoken out about you know stop
with the pressing on the court about the
packing and clearly he resisted the
numerous calls from the left for him to
retire
i think they're all a little bit
sensitive to that stuff coming from the
outside
but there is there is one you say
there's all this consensus there's one
guy who's not on board with that and
you've got a quote in your
uh in in your column you say shannon
that left
trump still fuming especially at two of
his three nominees
uh kavanaugh and barrett i am very
disappointed i fought very hard
for them but i was very disappointed
with a number of their rulings trump
said second guessing does no good
but i was disappointed with the number
of rulings that they made this is the
guy
who's appointed a third of the entire
court and he seems to think he got
rolled shannon
yeah and you'll remember all of these uh
candidates or nominees will say
i've had no conversation with the
nominating president i didn't have a
conversation with president trump about
how i'd vote specifically on anything
and that's what we want from our judges
so he had no guarantees he probably
was following guidance about what he
thought about them based on their
opinions and things they've said
but none of these justices is a
guaranteed vote on anything until they
get there they hear the specific case
and they vote well
the uh the uh the 45th president feels
feels that there's more to it than that
uh shattered and he's mad at these guys
thank you for that analysis you are the
best at this courtroom stuff uh we will
see you in a few hours
uh for fox news at night that's 9 p.m
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