I’m not talking about Republican justices vs Democrat justices. I’m talking about judicial conservatives vs judicial liberals.
Some of the biggest court liberals have been Republicans- Warren, Brennan, Souter, Stevens, to name several of them.
Let’s say that Donald Trump and the Republican party manage to get their ■■■■ together long enough to actually pass a law. Something along the lines of Wickard - with some far-reaching Commerce Clause justifications.
How do you think Ginsburg would hold, if it was challenged and came before the Court? How about Thomas?
No wall, no special prosecutor, sucking up to dictators, rising national debt, no Trumpcare, windmills causing cancer, and now we have a disappointing SCOTUS pick?
It would depend on the goal of the law. If she liked what the law promised to accomplish, she would find a way to uphold it. If she didn’t like it, she would find a way to strike it down.
Thomas would vote it down if it depended on a bastardization of the Commerce Clause.