When Chief Justice Roberts said he would âcall balls and strikes,â it was a power grab disguised as minimalism.
He was announcing right there that his Court would rule as they pleased on individual cases, not in a way that could be broadly interpreted by lower courts.
This approach means that any difficult questions of law must be brought back to SCOTUS to rule on individually. It puts all power over legislation or executive orders in their hands, and when combined with âOriginalism,â it means that the law has no fixed meaning, as long as it can be brought to this Supreme Court.
Yesterdayâs ruling on birthright citizenship showed that at least three conservative justices are willing to ignore the plainest and clearest constitutional language imaginable so that they can rule however they please. Again, there was no attempt by Alito, Thomas & Gorsuch to create a broad interpretation of law, or to be consistent with past rulings. This was simply an all-new interpretation based on their own ideas and that of the Trump Administration.
It was an attempt by these three, with concurrence by Kavanaugh, to call a strike where one did not exist. Their fantasy about what the founders might have wanted the amendment to mean was apparently enough for them to make this argument without shame.







