Search results for "Amy Coney Barrett"

'Get over it': George Will slams MAGA critics of Amy Coney Barrett’s 'originalism'

When President Donald Trump appointed Justice Amy Coney Barrett to a seat on the U.S. Supreme Court in 2020 following the death of liberal Justice Ruth Bader Ginsberg, criticism of her came from both the left and the libertarian right. Liberals and progressives, along with some right-wing libertarians, saw Barrett — an admirer of the late Justice Antonin Scalia — as too socially conservative and were troubled by her involvement in the severe strict Christian group People of Praise. And in 2022, Barrett was among the five GOP-appointed justices who voted to overturn Roe v. Wade in the Dobbs v. Jackson Women's Health Organization ruling.

But in recent months, Barrett has been drawing her share of criticism from MAGA Republicans who believe that she isn't MAGA enough.

Far-right MAGA attorney and Trump ally Mike Davis attacked her as a "rattled law professor with her head up her a--." And MAGA conspiracy theorist Laura Loomer called Barrett a "DEI appointee."

But Never Trump conservative and veteran Washington Post columnist George Will, in his September 26 column, argues that if Barrett's style of "originalism" is offending ideologues, that means she's doing her job well.

"Although Barrett is preternaturally nice," Will writes, "she irritates some people. The reason she does makes her an exemplary justice. It is her fastidious acknowledgment that certainty and precision are often elusive when construing, as an originalist, the Constitution's text — 'due' process, 'unreasonable' searches, 'cruel and unusual' punishments, etc. — in modern contexts. Awareness of uncertainties justifies judicious restraint: The duty to construe texts does not empower judges to try to discover — or guess — the purposes or intentions of those who wrote the words."

The conservative columnist and ex-Republican continues, "To put the point less gently than Barrett might: Some people with mind-closing jurisprudential orthodoxies are exasperated by the tentativeness inherent in originalism and textualism. Critics misperceive this as a lack of principled rigor. In judicial reasoning, however, the importance of living with the limited utility of principles is a principle."

Will stresses, however, that "Barrett's originalism is not so tightly tethered to the past that it cannot create rules implied by the Constitution's text, history and structure."

"Often, originalists resurface with differing conclusions," Will explains. "So, arguments continue. Get over it…. (President Abraham) Lincoln exemplified the painful patience sometimes demanded by what Barrett calls 'our constitutional culture.' Courts are secondary in maintaining this legacy of originalism. The public, inattentive and impatient, is primary."

George Will's full Washington Post column is available at this link (subscription required).

Expert reveals Amy Coney Barrett's 'serious misinterpretation' of the law — and the Bible

Northwestern University Law Professor Emeritus Steven Lubet tells Slate that Supreme Court Justice Amy Coney Barrett managed to misinterpret both the Bible and U.S. law in one book.

Lubet takes issue with Barrett’s interpretation of King Solomon’s handling of an ancient custody battle in her new book, “Listening to the Law.” In that Old Testament scenario, Solomon mediated the dispute between two women purporting to be a child’s real mother by proposing “to divide the baby in half, betting that the true mother would relinquish the child rather than see him die.”

Barrett claims in her book that “Solomon’s wisdom came from within,” rather than from “sources like laws passed by a legislature or precedents set by other judges.” His authority, therefore, was “bounded by nothing more than his own judgment.”

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In contrast, Barrett says, American judges must apply the rules found “in the Constitution and legislation,” without consideration of their personal values, no matter how Solomonic they may seem.

“That is a serious misinterpretation of the story,” said Lubet, because “Solomon was neither making a moral judgment nor applying his own understanding of right and wrong. Instead, he was reaching a purely factual determination while carefully adhering to the background law.”

“The pure legal principle in the dispute, from which Solomon never strayed, was that the true mother must be awarded custody of the child,” Lubet argues. “… Thus, Solomon never considered the best interest of the child or the women’s respective nurturing abilities. He did not base his ruling on ‘innate wisdom or divine inspiration.’ He was figuring out how to expose a liar, and his threat to divide the baby was a credibility test.

It was “the equivalent of high-stakes cross-examination,” said Lubet. “It may well have been a bluff. The true mother’s immediate outcry was demeanor evidence, which allowed Solomon to render an accurate verdict, conforming to the underlying law.”

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But Barrett insisted in her book that: “If a judge functions like Solomon everything turns on the set of beliefs that she brings to the bench.”

This is descriptively incorrect, said Lubet: “Solomon’s beliefs played no part in his judgment, other than his conviction that he was called upon to award custody to the child’s own mother.”

“It is disappointing, though not surprising, that Barrett fails to recognize Solomon’s role as the trier of fact,” Lubet said. “Apart from three years as an associate at a law firm, she has spent her whole career in academia or appellate courts. It is entirely possible that she has never examined a witness at trial.”

Read Lubet's full Slate essay at this link.

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Trump-appointed Supreme Court justice 'tenacious' in takedown of his top policy: expert

Wednesday, November 5 was an important day for the U.S. Supreme Court, whose justices listened to oral arguments in Learning Resources v. Trump. The nine justices are examining President Donald Trump's ability to unilaterally impose, by executive order, steep new tariffs invoking a Jimmy Carter-era law: the International Emergency Economic Powers Act of 1977 (IEEPA).

The following day on MSNBC's "Morning Joe," legal analyst Lisa Rubin weighed in on the hearing — and she thought that conservative Justice Amy Coney Barrett was especially tough when questioning Trump's allies.

Conservative host Joe Scarborough noted that when Solicitor General John Sauer gave evasive answers to Barrett's questions, liberal Justice Sonia Sotomayor jumped in and chastised him for it.

Scarborough told Rubin and "Morning Joe" co-host Mika Brzezinski, "I got to say, Lisa, that the most remarkable part of that hearing was when Amy Coney Barrett had the solicitor general on the line, and he kept trying to pull away — and she kept reeling him in, and he kept trying to pull away. He kept pulling away. She just — she was tenacious. And finally, Justice Sotomayor, I think, in an act of mercy, said: Just answer her question. You're not answering her question. We all know you can't answer her question. Just admit it, basically, is what Justice Sotomayor was saying."

Rubin agreed with Scarborough's analysis, emphasizing that Barrett was tenacious in her questioning of Sauer.

"Pity the person who comes on the other side of Amy Coney Barrett, who is precise, pragmatic and the mother of seven children," Rubin told Scarborough and Brzezinski. "So, if anybody is well prepared for that kind of questioning, I would venture a guess, it's Amy Coney Barrett. And you're right to say that she was completely fixated on the plain text of the statute. The argument that the (Trump) administration is relying upon is that the words 'regulate importation' somehow include the power to impose tariffs."

Rubin continued, "But of course, not only is the word tariff not present ... there is nothing in the string of verbs there, as Justice (Elena) Kagan mentioned, that gets to where John Sauer, the solicitor general, wants to see the argument go. There's nothing in all of the things that the president can do under this Emergency Powers Act that has anything to do with raising revenue, much less imposing taxes or duties. And that's where you get to the question of the larger constitutional issues about whose responsibilities really are these?"

Watch the segment below:

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Trump gets bad news from one of his own appointed Supreme Court justices

Not long after losing his bid to deploy the U.S. military in Illinois at the U.S. Circuit Court level, President Donald Trump asked for help from the Supreme Court of the United States (SCOTUS). But he's already running into difficulty in the form of one of his own appointed justices.

Politico legal correspondent Josh Gerstein reported Friday that while the Court has agreed to hear Trump's case and has given the State of Illinois a deadline of 5 PM on Monday to respond to Trump, there's a catch: According to Gerstein, Justice Amy Coney Barrett declined Trump's request of an administrative stay of a lower court order preventing him from deploying troops in Illinois borders.

In legal parlance, a higher court can "stay" a lower court's order — meaning pause it while litigation plays out — if a complainant asks for one. However, the 6-3 conservative supermajority on the Supreme Court not granting Trump his stay means that his administration will be unable to have federal troops patrolling the streets of America's third-largest city.

Trump not getting his immediate administrative stay also notably comes on the day of the October 18 "No Kings" protest. Saturday's gatherings are expected to be even larger than June's demonstrations that brought out an estimated five million people on the same day as Trump's military parade.

The Supreme Court's Friday announcement comes just one day after a three-judge panel on the 7th Circuit Court of Appeals unanimously ruled against Trump on his attempt to deploy troops to Illinois. That decision — which included Trump appointee Amy St. Eve in the majority — upheld a ruling by the U.S. District Court for the Northern District of Illinois preventing Trump from putting troops on the ground in the Prairie State.

The Trump administration's lawyers argued that a troop deployment was necessary and that the federal government was up against a "rebellion" in Chicago preventing them from carrying out their duties. Judges on the 7th Circuit disagreed, and told the administration that protests and political opposition do not constitute "rebellion."

"A protest does not become a rebellion merely because the protestors advocate for myriad legal or policy changes, are well organized, call for significant changes to the structure of the U.S. government, use civil disobedience as a form of protest, or exercise their Second Amendment right to carry firearms as the law currently allows," the ruling read.

Trump-appointed Supreme Court justice says judges 'lack the power' to stop him

If President Donald Trump chooses to directly disobey a decision by the Supreme Court of the United States (SCOTUS), there's nothing judges can do to stop him.

That's according to Justice Amy Coney Barrett, who Trump appointed to the Court in the fall of 2020 to fill the seat vacated by the late Justice Ruth Bader Ginsburg. Barrett told the New York Times' Ross Douthat on the Thursday episode of his podcast that the structure of the Supreme Court dictates that its rulings be adhered to not by force, but out of tradition. And if a president disregards that tradition, there's little judges can do to deter him.

Douthat began his questioning by acknowledging that the Supreme Court "does not command the power of the purse, doesn’t command the military, doesn’t have police powers" but instead relies on "prestige, public support [and] a historic constitutional role." He then referenced former President Andrew Jackson, who challenged then-Chief Justice John Marshall to "enforce" a ruling he disagreed with (something Vice President JD Vance has also referenced).

"How do you think about that potential challenge, as a member of the court?" Douthat asked Barrett. She initially responded by saying Douthat was "absolutely right" in seeing the court as an arbiter of discussions about separation of powers between the president and Congress. But Douthat pressed her again.

"OK, let me try that again," Douthat said. "If a president defied the Supreme Court, what would you do?"

"Well, as you say, the court lacks the power of the purse. We lack the power of the sword," she said. "And so, We interpret the Constitution, we draw on precedents, we have these questions of structure, and we make the most with the tools that we have."

Barrett's remarks come in the context of the Supreme Court just recently starting its latest term. Its six-member conservative supermajority is already poised to weigh in on numerous issues pertaining to the right of presidents to bypass Congress in determining how federal money is spent, whether migrants can be deported to countries that aren't their nation of origin and potentially the legality of Trump deploying U.S. military personnel to American cities against the wishes of local and state authorities.

Click here to read Barrett's full interview.

'Troubling': Conservative outlet accuses Amy Coney Barrett of letting down the right

In an article published Tuesday, a writer for the conservative news outlet The Federalist said that Amy Coney Barrett, a conservative associate justice of the Supreme Court, "doesn’t appear eager to address every major constitutional question that comes to the Court so early in her SCOTUS career."

Citing a New York Times report, Shawn Fleetwood, a staff writer for the publication, said, "What is becoming clear, as further indicated by the Times report, is that Barrett is a justice who’s still finding her way on the nation’s highest court."

"While she has demonstrated an ability to adhere to originalist doctrine, her unwillingness to employ it consistently and hear cases that require its immediate application raise questions about what the remainder of her SCOTUS career will look like," he added.

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The Times piece published last week noted that President Donald Trump is attacking the judiciary and testing the Constitution, adding, "Justice Barrett, appointed to clinch a 50-year conservative legal revolution, is showing signs of leftward drift."

"She has become the Republican-appointed justice most likely to be in the majority in decisions that reach a liberal outcome, according to a new analysis of her record prepared for The New York Times," the report noted.

"Justice Barrett could be one of the few people in the country to check the actions of the president," the Times piece said.

In his article Tuesday, The Federalist author accused Barrett of being "reluctant" to shut down cases challenging Trump's executive actions, saying that this inaction is "troubling" and it "delegitimizes" Trump voters.

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"Aside from [Justices Clarence] Thomas and [Samuel] Alito, the other justices (including Barrett) have been reluctant to shut down this unconstitutional power grab. Every day the Court chooses not to act is another day the votes of Americans who voted for Trump are delegitimized," Fleetwood wrote.

"America needs Supreme Court justices who will faithfully uphold its Constitution as written — not politicians who make judicial decisions based on what looks good for their careers or policy preferences," he added.

MAGA rages as Trump judge goes 'squishy' before upcoming decisions

ABC News reports Justice Amy Coney Barrett is either not the judge President Donald Trump thought she was or SCOTUS is growing more conservative around her.

Trump appointed Barrett to the Supreme Court to replace Justice Ruther Bader Ginsburg weeks before the 2020 election, outraging liberals who attacked Barrett as a right-wing ideologue.

She immediately did conservatives proud by joining the court’s conservative majority in destroying Roe v. Wade and ending affirmative action. She’s also shown disdain for Obergefell v. Hodges, the landmark decision that legalized same-sex marriage nationwide, arguing that “those who want same-sex marriage … have every right to lobby in state legislatures to make that happen.”

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However, she also voted to reject Trump's bid to delay sentencing for his New York felony conviction ahead of the inauguration, and later, voted to force the administration to pay out nearly $2 billion in foreign aid money that Trump froze. She also sided with liberal dissenters who opposed the gutting of the Clean Water Act to benefit polluters. This, says ABC News, makes Barrett a wild card “as the court prepares to hand down its most consequential rulings of the year by the end of June.”

"Justice Barrett has emerged as the center figure, the swing justice, on the current Roberts Court. … The reason she's ended up at the center of this court is that the arch-conservatives are so reactionary, so far to the right," Harvard Law Professor Noah Feldman told ABC News, adding that, "she's not just following the partisan political winds.”

Just recently, ABC News reports Barrett signed on to an historic opinion granting Trump sweeping immunity from criminal charges for his role in the effort to overturn the results of the 2020 election, but she broke with conservative justices to insist the president could still be prosecuted later. She also recused herself from a court battle over the nation’s first religious charter school, giving liberal school opponents the win of a 4-4 tie.

MAGA loyalists have recently labeled her a "DEI judge", according to ABC News, and conservative lawyer and Trump ally Mike Davis called her a "rattled law professor with her head up her a--." Former Fox anchor and commentator Megyn Kelly said she worries Barrett is "a little squishy."

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ABC News reports the nation may get to judge for themselves when the U.S. Supreme Court mulls Trump’s executive order ending birthright citizenship and injunctions to block it, among other pivotal cases.

Read the full ABC News report at this link.

Trump furious at Amy Coney Barrett ahead of big Supreme Court rulings: report

President Donald Trump is reportedly angry with U.S. Supreme Court Justice Amy Coney Barrett, his third appointee from his first term, frustrated that she has not reliably ruled in his favor on key cases. Reports of Trump’s year-long “ire” have emerged just as the Court prepares to release decisions in some of the term’s most consequential cases.

"The behind-closed-doors grievances have been wide-ranging, and while many have been about Barrett, Trump has also expressed frustration about Justices Neil Gorsuch and Brett Kavanaugh," his other two SCOTUS appointees, CNN reported on Tuesday. "The president’s anger, sources said, has been fueled by allies on the right, who have told Trump privately that Barrett is 'weak' and that her rulings have not been in line with how she presented herself in an interview before Trump nominated her to the bench in 2020."

A senior administration official told CNN: “It’s not just one ruling. It’s been a few different events he’s complained about privately.”

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Trump recently unleashed his anger on Leonard Leo, the former head of the Federalist Society, to which the President effectively outsourced most if not all of his first-term judicial nominations.

"As is his wont, Trump turned on his loyal servant with particular savagery, calling him a “sleaze bag” who had rendered bad advice on a series of judicial nominations," The New Republic reported. Trump also wrote that Leo is "a bad person, who in his own way, probably hates America.”

But Leo's SCOTUS picks were a windfall for the convicted-felon president.

"In terms of personal bounty for Trump, all joined the outlandish 2024 immunity opinion that continues to provide him comfort on a regular basis," TNR added.

Not all of Barrett's decisions have been as favorable to Trump. For example, Barrett voted against Trump’s $2 billion foreign aid freeze.

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CNN, meanwhile, notes that while Trump "has privately expressed his displeasure" with her, "a source close to Trump insists he does not want to attack her publicly."

Critics weighed in.

"Every reason to expect we will see some terrible judicial nominations over the next three years," warned Gregg Nunziata, an attorney, public policy professional, and veteran of the conservative legal movement.

"Funny split growing between Trump and the [Leonard] Leo/FedSoc wing of the party. ACB is in many ways his worst nightmare: ideological social conservative who doesn't believe the President is absolutely empowered to do crimes. Also, you know, a Woman who tells him 'no,'" wrote researcher Tyson Brody.

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'Fractured coalition': SCOTUS leak exposes rift between Amy Coney Barrett and other right-wing justices

When liberal Justice Ruth Bader Ginsburg died in 2020 and President Donald Trump succeeded in getting her replaced with Justice Amy Coney Barrett — a social conservative who considered the late Justice Antonin Scalia her judicial mentor — many liberals feared that Roe v. Wade was doomed. They were right: Barrett, in 2022, was among the justices who voted to overturn Roe in Dobbs v. Jackson Women's Health Organization.

But as conservative as Barrett is, she has turned out be more unpredictable than expected. Quite a few MAGA Republicans and Christian nationalists are claiming that she isn't far enough to the right, and reporting from the New York Times' Jodi Kantor reveals tensions between Barrett and other GOP appointees on the U.S. Supreme Court.

Leaked documents, according to Kantor, show that Barrett, initially, didn't even want the High Court to hear the Dobbs case. But the other four justices pressed forward anyway, predicting that she would vote with them in overturning Roe — which she did.

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"To many Americans," Kantor explains in an article published on June 15, "the conservative supermajority can look like a unified front reshaping the law through blunt force. Internally, the coalition is more fractured — six people debating how quickly to move, how far to go and whether public perception matters. Justice Barrett has favored a more deliberate approach than some of her colleagues."

The GOP-appointed justices Barrett has had the strongest disagreements with, according to Kantor, are Clarence Thomas and Samuel Alito.

"As a junior justice," Kantor notes, "she is rarely assigned high-profile opinions. But she has defined herself through her concurrences, particularly ones that argue the other conservatives are going off track. Several times, she has told Justice Clarence Thomas that he leans too heavily on history in making decisions, including last year, when the Court rejected a lawyer’s attempt to trademark the phrase 'Trump Too Small.' Though Justice Barrett agreed with the outcome, she wrote that Justice Thomas' reasoning was faulty, in part because 'the historical record does not alone suffice' as a basis for the decision. She was drawing a line on how far originalism, the dominant method of interpretation on the legal right, could go."

Kantor continues, "The differences between Justices Barrett and Alito are deeper, say people who have worked with them, as well as outsiders who see them as foils in a debate over how to interpret and shape the law. Justice Alito, 75, is in a hurry to take advantage of the conservative dominance on the Court, barely disguising his annoyance at times when the other conservatives don't go along with him. Justice Barrett, who is likely to have a much longer future at the Court, measures every move."

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Kantor discussed her reporting on Barrett during a Monday, June 15 appearance on MSNBC's "Morning Joe," describing her as the
"Republican appointee who has voted the most against President Trump."

Kantor told host Joe Scarborough, "She's kind of alone on the Supreme Court…. She really checked Justice Thomas in his views on originalism….. President Trump has complained about her in private."

In a June 16 post on X, formerly Twitter, Kantor highlighted some legal analysis of Barrett from Lee Epstein, Andrew D. Martin, and Michael J. Nelson.

Kantor tweeted, "To everyone out there debating whether Justice Barrett is drifting left, please check out this analysis by Lee Epstein, @WashUChancellor and @mjnelson7 , which was vital to our reporting."

According to them, Barrett "is playing an increasingly central role on the Court" and "(mostly) isn’t Justice Scalia." And they noted that Barrett "is writing separately more often — especially in big cases."

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Read Jodi Kantor's full New York Times article at this link (subscription required) and the Daily Beast's reporting here (subscription required).


'Rabid' hatred of Amy Coney Barrett reveals frightening truth about 'MAGA ideology': analysis

When Justice Ruth Bader Ginsburg died in 2020 and President Donald Trump appointed Justice Amy Coney Barrett as a replacement, it was a definite game changer for the U.S. Supreme Court. Ginsburg was a liberal appointee of former President Bill Clinton, while Barrett is considered an "originalist" who was greatly influenced by the late Justice Antonin Scalia.

Moreover, Barrett doesn't have the libertarian leanings of former Justice Anthony Kennedy, a Ronald Reagan appointee who was right-wing in his judicial philosophy yet voted with Ginsburg and other High Court liberals on key issues involving gay rights and abortion rights. Very much a social conservative, Barrett was part of the 2022 majority decision in Dobbs v. Jackson Women's Health Organization — which overturned Roe v. Wade after 49 years.

Yet in 2025, Barrett is being attacked as a RINO (Republican In Name Only) by many far-right MAGA Republicans. And journalist Jill Filipovic explains why she finds that troubling in an op-ed published by the Daily Beast on April 12.

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"What is the job of the American judiciary?" Filipovic writes. "If you said to decide cases based on the law and the U.S. Constitution, you would be correct — unless you're playing by MAGA rules. Rabid supporters of Donald Trump, and the president himself, have a different view of what judges are for. In their opinion, judges should be loyalists, backing whatever the president does, no matter how unconstitutional. And they're putting us all in jeopardy. Judges who have ruled against Trump and his policies have come under MAGA fire, with some facing dire threats."

Filipovic continues, "The latest target — in fact, a perennial target — of this ire is Supreme Court Justice Amy Coney Barrett, who found herself in the crosshairs over a dissent objecting to the Trump Administration’s decision to implement an obscure and more than two-centuries-old law, intended for use in times of war, to deport migrants they claimed were gang members, without due process."

Filipovic notes some of the venom that is now being directed at Barrett. For example, MAGA Republican Tricia Flanagan said of Barrett, "Here's the simple truth that no one wants to admit — most women are not emotionally fit to be on the Supreme Court…. (because) women tend to be more emotionally vulnerable." And Laura Loomer described Barrett as a "DEI appointee."

"We're in a new political universe now, one in which the chief presumption is that white men are inherently qualified for their roles while women and racial minorities are presumptively not," Filipovic warns. "In some ways, this is very retro, harkening back to days when these groups were formally excluded from public office, many jobs and public participation writ large, and when various white male authority figures would opine on their lack of aptitude for these roles."

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Filipovic continues, "But MAGA ideology is even worse: A person's professional and social fitness is determined solely by loyalty to a single strong man. Intelligence, credentials, experience, expertise, even the basic ability to function as a working adult? None of that matters."

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Jill Filipovic's full Daily Beast op-ed is available at this link (subscription required).

Expert reveals 'biggest bad sign for' Trump in pivotal Supreme Court case

On a podcast for The Bulwark, legal scholar Steve Vladeck tells conservative attorney George Conway that he thinks Supreme Court Justice Neil Gorsuch could be the deciding vote in striking down President Donald Trump's tariffs.

Vladeck says that while he's confident that all three Democratic appointees on the Court —Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson — are "solid votes against the Trump administration," and he's also sure that Justices Clarence Thomas and Samuel Alito are "solid votes for the Trump administration, it's the other four" that he's not so sure about.

Conservative Justice Amy Coney Barrett, Vladeck says, "has become very, very hard to predict, even based on the questions she asked at the oral arguments," which he says were "tough questions on both sides."

Conservative Justice Brett Kavanaugh, he says, "also asked challenging questions of both sides," adding that "he's never going to be the fifth vote against the Trump administration. He might be the sixth or seventh."

Gorsuch, however, nominated by Trump in 2017, has demonstrated independence from Trump's specific positions and the executive branch generally and could be the deciding vote that rules against him this time.

Vladeck says that Gorsuch's questions during oral arguments "suggested that he's very skeptical of the government's position," and that he has "historically been sympathetic when it comes to small business versus big government."

Vladeck also says that the Trump administration didn't make their argument that "there would be these massively deleterious consequences if the court would strike them down," and that "is the dog that didn't bark."

"That to me is the biggest bad sign for the administration," Vladeck said.

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