How To Think Like A Liberal Supreme Court Justice -- Part II
/Just over a year ago, on July 5, 2022, I had a post titled “How To Think Like A Liberal Supreme Court Justice.” The post was occasioned by the then-brand-new issuance (June 30, 2022) of the biggest decision of the Court’s last term, West Virginia v. EPA. Justice Kagan had authored a dissent on behalf of herself and the other two liberal justices (Breyer and Sotomayor).
My post also discussed two other significant decisions of the 2021-22 term where the three liberals had again dissented as a bloc: Alabama Association of Realtors v. HHS and NFIB v. Department of Labor.
And now we have several more big decisions just issued with the same 6-3 voting split (Justice Jackson having replaced Breyer). The most significant is SFFA v. Harvard.
So suppose you want to learn how to think like a liberal Supreme Court justice. If so, I submit that there is no better place to look than the dissents in cases where the three liberal justices dissent as a bloc.