The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Three High-Profile Unanimous S. Ct. Opinions Today, Reaching Conservative(ish) Results, Written by Liberal Justices

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Just a mildly interesting result, I thought, which helps show that even on questions related to religion, guns, and discrimination against majority group members, both conservative and liberal Justices can agree. In close cases, Justices' ideological positions certainly may affect their view of the law; but in many cases, the legal analysis isn't really affected by such ideological divides.

I use the "ish" advisedly, precisely because the results don't necessarily have to be viewed as conservative: Equal treatment of religious groups, for instance, is a broadly accepted view among the Justices, and the gun case can equally be seen as a matter of Congress deciding to shift questions to the legislative process from the judicial. Still, I think that those cases may have at first appeared to some as likely to yield a potential conservative/liberal divide—yet the Court's opinions in them were all unanimous.

The other two opinions, on foreign sovereign immunity and civil procedure, were also unanimous (except that in the latter case, Justice Jackson joined the Court's opinion only in part and concurred separately in part), but they struck me as both lower-profile and less likely to be seen as ideologically inflected.