To receive daily emails from Breaking Christian News to your inbox CLICK HERE

SHARE THIS ARTICLE Printer friendly version of this page

Prayer Alert: Supreme Court Reveals a 3-3-3 Divide as Major Abortion Case Hangs in the Balance

Jennifer Wishon : Aug 2, 2021  CBN News

"Their job is to decide whatever case is before them and not create these cockamamie schemes of what may happen in a decade. I think that is a flawed understanding of judicial power." -Josh Blackman, professor at South Texas College of Law in Houston

(Washington, DC) — [CBN News] The Supreme Court is made up of a majority of conservative justices, but this latest term has taught Americans that not all conservatives are created equally. Instead of a 6-3 divide between conservative and liberal justices, some of the court's major decisions reveal a 3-3-3 divide. (Screengrab image)

"I think the most conservative members are Justice Thomas and next Justice Gorsuch, and close by probably Justice Samuel Alito," Josh Blackman, professor at South Texas College of Law in Houston, tells CBN News.

In the middle, making up a more centrist coalition, he says, are Chief Justice John Roberts, Justice Brett Kavanaugh, and the court's newest member Justice Amy Coney Barrett.

"We learned that Justice Amy Coney Barrett was not the judicial torpedo that a lot of Democrats thought that she was going to be on things like Obamacare," Sarah Perry, legal fellow at The Heritage Foundation, told CBN News.

In that case, led by the more centrist conservatives, the court chose consensus over striking at the heart of the matter.

Likewise, in Fulton vs. City of Philadelphia, the court ruled unanimously that the city was discriminating against a Catholic foster care agency, Catholic Social Services, but stopped short of addressing the larger issue of religious liberty.

That led a frustrated Justice Samuel Alito to write, "This decision might as well be written on the dissolving paper sold in magic shops."

"Their job is to decide whatever case is before them and not create these cockamamie schemes of what may happen in a decade. I think that is a flawed understanding of judicial power," says Blackman, who is also an adjunct scholar at the Cato Institute.

Click Here to watch the CBN News video report

A recent Gallup Poll shows 49-percent of Americans approve of the job the Supreme Court is doing. That's the lowest rating since 2017, but Republicans and Democrats view it similarly revealing Americans are both pleased and frustrated with its rulings.

Finding that equilibrium of public opinion is what some observers say drives the middle of the court to issue narrow opinions and decline some controversial issues.

Roberts, Kavanaugh, and Barrett joined the three liberal justices to refuse hearing the case of Barronelle Stutzman, a Washington florist who's being forced to use her "art" to celebrate a same-sex marriage.

Meanwhile, Gorsuch joined the three centrists to block hearing a transgender bathroom case out of Virginia.

"The court's conservatives—at least three or four of them—do not want to get bogged down in the transgender issue. I think they want to stay away from it. I think they hope it just goes away and disappears, but you know, and I know these things just don't vanish, they just brew up and develop controversy year after year," adds Blackman.

Still, next term the court will tackle several hot-button issues like New York's handgun law, and an abortion case of out Mississippi that strikes at the heart of Roe versus Wade.

"The fact that they have relegated this decision on whether or not pre-viability restrictions are constitutional indicates to us that they are going directly to the heart of the matter and will make a determination as to whether or not Roe was good law," explains Perry.

So how will this new alignment on the court play out? Blackman has a prediction.

"I don't think there are enough judges with the backbone to do it." Subscribe for free to Breaking Christian News here

SHARE THIS ARTICLE Printer friendly version of this page

To receive daily emails from Breaking Christian News to your inbox CLICK HERE

Other Recent Articles from Breaking Christian News

Judge Refuses Biden's Request to Immediately Block Texas Heartbeat Ban as Most Abortions Come to Halt

Tony Dungy Defends the Unborn, Reacts to Biden's Backtrack: 'I Want to Know What Factors Changed His Mind'

Parents Group Demands Child Pornography Investigation Over Netflix Show

Deaf Woman Terrorized by Mask-Obsessed Store Clerks after Asking to Read Their Lips

PRAY: Taliban Executing Groups of '30 to 40' at a Time Says Christian Missionary Helping Afghans

Biden's FAA Placed Temporary Ban on Drones Flying over Texas Bridge Packed With Illegal Immigrants

Dr. Corinne: Overcoming Triggers That Lead to Unhealthy Eating Habits

Hillsong Member Wins 'The Voice' in Australia

Google Shuts Down Live Action Abortion Pill Reversal Ads Following Coordinated Pro-Abortion Attack

Sickening: New FDA Records Show Purchases of Fetal (Aborted Baby) Organs, Heads and Tissue for 'Humanized Mice' Project

Simone Biles, Other Survivors Call Out FBI's Role in Nassar Case: 'They Had Evidence of Child Abuse and Did Nothing'

Did America's Top General Work against President Trump and Commit Treason? Rubio Calls for Biden to Fire Joint Chiefs Chairman

Mayor Takes Public Stand against a Spirit of Immorality

Students Sue Catholic University for Denying Them Vaccine Exemptions on Religious Grounds

'God-Centered Plan': YouVersion App Partners With Groups to Translate Bible into 95% of World Languages by 2033

America's Oldest WWII Vet Celebrates His 112th Birthday, Advises: 'Serve God and Be Nice to People'

Federal Court Grants All NY Medical Professionals Temporary Restraining Order from Vaccine Mandate

'I Just Want My Life Back' Says 16-Year-Old Who Developed Neurological Symptoms after Pfizer Vaccine

'Natural Immunity Is 27 Times More Protective': GMU Prof. Todd Zywicki Explains His Vaccine Mandate Exemption

Newsom Defeats California Recall Effort

Search the Articles Archives

Words Posted On:  
Day Month Year

BCN Plus

An BCN Paid Advertisement
An BCN Paid Advertisement
Follow BCN on Twitter
Are You Praying for Our Government Leaders?
BCN Staff

Steve Shultz
Steve Shultz, Managing Editor
Founder and Owner

Aimee Herd
Aimee Herd, Editor

BCN Plus
Are You Praying for President Trump?

All articles on this site and emails from BCN are copyrighted property of Breaking Christian News. Permission is given to link to, or share a BCN story if proper attribution is given to both the original writer and summarizer of the story. Breaking Christian News 2005-2019. All Rights Reserved.

Breaking Christian News is a division of Elijah List Publications, Inc. All Rights Reserved

Disclaimer: Articles and links, as well as the source articles linked to; do not necessarily reflect the opinion of Breaking Christian News.