Simple math suggests complex back story at Supreme Court [View all]

[mahatmakanejeeves]

Hat tip, SCOTUSblog. A commenter posted the link this morning in the live blog.

Here's that Sherman story about Gorsuch, for those interested:
www.wral.com
by Scott 9:42 AM Replies1↑10

Simple math suggests complex back story at Supreme Court
Posted June 16, 2020 3:37 p.m. EDT
Updated June 16, 2020 3:38 p.m. EDT

By MARK SHERMAN, Associated Press

WASHINGTON — Supreme Court watchers were left scratching their heads when they learned Justice Neil Gorsuch was the author of Monday’s landmark LGBT rights ruling, but not because the appointee of President Donald Trump might have been expected to side with his conservative colleagues in dissent.

Rather, it was a matter of math.

Each of the nine Supreme Court justices usually writes at least one opinion for each month the court hears arguments. Gorsuch’s opinion was his second for October while three of his colleagues wrote nothing. That highly unusual lineup suggests something going on behind the scenes.

Gorsuch became the only justice other than retired Justice Anthony Kennedy to author a major high court ruling in favor of LGBT rights when he wrote the decision declaring workplace discrimination on the basis of sexual orientation or gender identity illegal under federal civil rights law. The 52-year-old justice earlier wrote the ruling requiring unanimous jury verdicts in state criminal cases.

The answer is obvious in one sense. He wrote opinions in both cases that attracted a majority of the court. But how he came to write them is a mystery.

{snip}