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Culture War Roundup for the week of July 10, 2023

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Curiously, the two judges in the majority (Wynn and Thacker) are Obama appointees, whereas the one judge in dissent (Richardson) is a Trump appointee. As the preceding comment observes, the argumentation in the dissenting opinion is far better than that in the majority opinion.

I have to say, I do not find this curious. I have admitted previously to being legally unsophisticated and I remain so; in recent months, I've taken to reading more decisions than I had in the entirety of my life up to that point, and the experience has substantially shaped my view of left-leaning jurisprudence for the worse. There are, of course, decisions with sketchy logic running in either direction, but the number of times that I run into reasoning from left-leaning judges that aligns with that first comment you quote on the "bad man" theory of law is so, so much more frequent. Sotomayor and KBJ seem to have particular enthusiasm for explaining how a decision will have bad outcomes rather than focusing on whether it's, you know, legal and consistent with an ordinary reading of statute. For instances, [this Sotomayor dissent regarding Covid restrictions] or the recent KBJ perspectives on affirmative action. In contrast, Gorsuch seems the most likely of the justices to just read the text to mean what it literally means on ordinary reading.

Pretty sure the commenter doesn’t actually find it curious, either.