In comparison to Alito’s 37 questions, the rest of the court—all eight justices combined—asked a total of 28 questions.
If Alito wants to be a district court judge, he’s more than welcome to retire from the Supreme Court and start sitting on district court cases. When it comes to the Supreme Court’s current standard of review, though, the sort of questions Alito was asking are questions that the justices generally aren’t asking—and shouldn’t be asking—in such a case.Here’s Who Came Out for RFK Jr.’s Campaign RelaunchAnd yet, the outcome of the case isn’t ultimately clear.
Finally, although Chief Justice John Roberts expressed repeated concern about whether the particulars of this case would be “breaking new ground in our voting rights jurisprudence”—something Aden disputed—Roberts also noted in a question to Gore, speaking about the Supreme Court, “We don’t normally review a record for factual findings.”
As the justices vote on the case and begin to craft the court’s opinion, they will have to decide if that norm is going to be upended in gerrymandering cases—a result that would be another potential barrier to full enforcement of voting rights by the Roberts
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