I don’t really like this look-- but SCOTUS needs four votes for cert. The publisher had won at that point. We don’t know how Kagan had voted. The hypothetically corrupt Kagan voting against certiorari. and the hypothetically scrupulous Kagan disqualifying herself both end up denying cert.
sotomayor, i think. there’s also maybe the idea that both a liberal and a conservative justice not opt-ing out balances things?
but most important: she ( and gorsuch ) weren’t required to. that itself is a problem i think but at least they were acting within the law
what thomas is doing is a whole other level.
publishing, like lobbying, seems a difficult one to police. a handshake deal - hey, we’ll publish your book, or hire your consulting firm, for a million dollars once you leave office - leaves no trace.
( eta: to your point, would packing the court help by raising the number of justices available? )
Lock her up?
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