When Donald Trump nominated Amy Coney Barrett to the Supreme Court it was expected to shift the Court to the right.
The Court is now handing out its most controversial decisions, and a shocking truth is emerging.
But Amy Coney Barrett really left jaws on the ground with this Supreme Court ruling.
One of the most contentious cases of the current Supreme Court term was Fulton v. the City of Philadelphia.
In this case, the city refused to contract foster case work to the Catholic Social Services (CSS) because of CSS’s opposition to homosexual marriage.
Conservatives expected a sweeping decision that overturned the 1990 precedent established in Employment Division v. Smith which allowed the government to pass laws that discriminated against religious liberty as long as the law in question applied to everyone.
Justices Clarence Thomas, Neil Gorsuch, and Samuel Alito were prepared to take that step.
Brett Kavanaugh and Amy Coney Barrett were prepared as well until chief justice John Roberts convinced them to switch their votes in order to win over the Court’s three liberals to hand down a unanimous – but narrow ruling – that just said the City of Philadelphia violated the First Amendment in this specific case.
Justice Samuel Alito was not happy with Barrett and Kavanaugh and he made it clear in his concurring opinion.
“This decision might as well be written on the dissolving paper sold in magic shops,” Justice Alito wrote. “The City has been adamant about pressuring CSS to give in, and if the City wants to get around today’s decision, it can simply eliminate the never-used exemption power. If it does that, then, voila, today’s decision will vanish—and the parties will be back where they started….What is the point of going around in this circle?” Alito wrote.
When Donald Trump nominated Justices Kavanaugh and Barrett they were expected to rule more like Clarence Thomas or Samuel Alito.
Instead they are tracking more closely to John Roberts.
Renewed Right will keep you up-to-date on any new developments in this ongoing story.