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The judges take the bench at a difficult time. Polls show public confidence in the court is at an all-time low, and judges find themselves in the political spotlight after a 5-4 court cleared a six-week abortion ban in Texas to go into effect. force last month, making Roe v. Wade is a dead letter, for now, in the second largest state in the country.
While the cases debated on Monday were not major, it was a remarkable first day for the judges. Here are some highlights from Day 1:
Judge Clarence Thomas – who has rarely asked questions in the courtroom for years – asked the first question in both cases. This decision signals that Thomas has become in many ways the conservative leader of the court.
In the fields of abortion and gun law, he has long argued that Roe v. Wade had been ill-decided and that the court treated the Second Amendment as an unfavorable right. Now, over the next few months, the new Tory tribunal will hear disputes in both areas, with Thomas likely playing a big role in crafting the draft opinions that fly between chambers.
Thomas is now the oldest member, and when the Chief Justice is in the minority, it is Thomas, by virtue of his seniority, who obtains the primary power to ascribe the opinion of the tribunal.
Barrett takes his place
Judge Amy Coney Barrett has been on the court for almost a year, but Monday marked the first time she had done so from her current seat.
On the bench, she sits on the far left of Chief Justice John Roberts, but ironically, she has bolstered the right wing of the court. Conservatives – Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh – no longer need Roberts as a fifth voice in searing disputes such as abortion and the Second Amendment. They have Barrett.
Kavanaugh connects
Kavanaugh was diagnosed with Covid-19 last week, so he participated from his home, asking his questions from a dedicated phone line.
It is not yet clear how long Kavanaugh, who is fully vaccinated, will self-isolate.
Sotomayor hides himself
Judge Sonia Sotomayor was the only one wearing a mask on the bench, likely because she has pre-existing diabetes.
In the audience was retired Judge Anthony Kennedy, wearing a mask in the front row and seated next to the Chief Justice’s wife, Jane. Joanna Breyer, wife of Judge Stephen Breyer, was also in the audience sitting alone in a row.
Eyes on Breyer
This tenure could mark Stephen Breyer’s grand finale, as he could announce his retirement by July.
The court, following the death of Judge Ruth Bader Ginsburg last year, rearranged the seats based on seniority. This means that Breyer now sits next to the Chief Justice. The two smiled and whispered together during the arguments – at one point, appearing to be discussing the new court format for asking questions. It was designed to allow judges to ask their questions without interruption and to give lawyers more time to speak.
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