Proof that this drunk is not fit to be a judge on the Supreme Court.
Justice Roberts took ‘clear swipe’ at Kavanaugh in opinion siding with liberals in religion case:
By contrast, wrote Stern, “Kavanaugh crafted a narrative of invidious religious discrimination. His dissent reads like a brief by the church, not a judicial opinion.
On Friday night, the Supreme Court handed down a decision in
South Bay United Pentecostal Church v. Newsom, holding that California Gov. Gavin Newsom’s restrictions on church gatherings are not a violation of religious liberty. Chief Justice John Roberts crossed over to join with the liberals for a 5-4 split.
But the ruling was dramatic in a key way. As court watcher Mark Joseph Stern
wrote for Slate, Justice Brett Kavanaugh “falsely accused the state of religious discrimination in an extremely misleading opinion that omits the most important facts of the case” in his dissent — and was so dishonest that Roberts went out of his way to rebuke him in the Court opinion.
By contrast, wrote Stern, “Kavanaugh crafted a narrative of invidious religious discrimination. His dissent reads like a brief by the church, not a judicial opinion. Kavanaugh alleged that Newsom’s order ‘indisputably discriminates against religion’ in violation of the free exercise clause. For support, the justice insisted that ‘comparable secular businesses,’ like grocery stores and pharmacies, ‘are not subject’ to the same restrictions imposed on churches. California must have a ‘compelling justification’ for this disparate treatment, and he saw none.”
“What is genuinely shocking about Kavanaugh’s dissent is that
he does not even address this question,” wrote Stern. “The dispute lies at the heart of the case, and Kavanaugh ignores it. He simply takes it as a given that churches are ‘comparable’ to grocery stores when it comes to risk of spreading COVID-19. By warping the facts, Kavanaugh paints California’s rules as irrationally discriminatory, when in fact they are based on medical advice Newsom has right now.”
That argument was so ridiculous, wrote Stern, that Roberts took a “clear swipe at Kavanaugh” in his opinion, writing: “The notion that it is ‘indisputably clear’ that the Government’s limitations are unconstitutional seems quite improbable.”