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The Supreme Court's two tribes - The Week
From 1801 to 1940, only 2 percent of its rulings came by 5-4 decisions. But in the Roberts years, 22 percent of cases have ended in such rulings, an all-time high. In oral arguments, the justices do little to disguise their tribal affiliations: The conservative, Catholic male justices recently expressed open sympathy for a Christian-owned company fighting the "contraception mandate," while the female liberal justices focused on women employees who might be denied contraceptive coverage. It sounded more like a debate on MSNBC or Fox News than a judicial proceeding. We humble citizens are thus left to wonder: Are the good justices dispassionately weighing each case on its constitutional merits, or are they mere ideologues who start off with a desired result and reason backward?
From 1801 to 1940, only 2 percent of its rulings came by 5-4 decisions. But in the Roberts years, 22 percent of cases have ended in such rulings, an all-time high. In oral arguments, the justices do little to disguise their tribal affiliations: The conservative, Catholic male justices recently expressed open sympathy for a Christian-owned company fighting the "contraception mandate," while the female liberal justices focused on women employees who might be denied contraceptive coverage. It sounded more like a debate on MSNBC or Fox News than a judicial proceeding. We humble citizens are thus left to wonder: Are the good justices dispassionately weighing each case on its constitutional merits, or are they mere ideologues who start off with a desired result and reason backward?