A Ginsburg-Gorsuch Rivalry Heating Up On SCOTUS?

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Justices Ruth Bader Ginsburg and Neil Gorsuch are trading barbs, rather frequently, in the first sitting of the Supreme Court’s new term.

It’s all quite civil of course. Fraternalism, good cheer, and a stiff upper lip are the order of the day on the Roberts Court. What’s a little jiggery-pokery between brothers in black? Perhaps nothing. But in the early days of October Term 2017, Gorsuch has frequently questioned the received wisdom of his Court, prompting from Ginsburg a flash of pique.

The first such instance occurred Oct. 3, during arguments in Gill v. Whitford, a marquee case concerning the constitutionality of partisan gerrymandering. At one juncture, Gorsuch wondered if the high court had any business hearing the dispute at all. Ginsburg’s reproach was sharp and fast.

“Maybe we can just for a second talk about that arcane matter, the Constitution,” Gorsuch asked lawyer Paul Smith. “Where exactly do we get authority to revise state legislative lines?” He listed the constitutional provisions allowing federal intervention in state legislative matters (which concern apportionment and voting rights), so as to demonstrate that, in his view, there is no obvious grant of federal authority over state district maps. – READ MORE

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