March 8, 2021

THE COURT'S CONSERVATIVE JUSTICE:

John Roberts issues lone dissent in Supreme Court campus free speech case (Nicholas Rowan, March 08, 2021, Washington Examiner)

The case, in which a majority led by Justice Clarence Thomas, decided in favor of the student, concerned whether Chike Uzuegbunam, a former student at Georgia Gwinnett College, could seek nominal damages for an incident when the school prevented him from preaching in public. Thomas wrote that Uzuegbunam could because an "award of nominal damages by itself can redress a past injury."

Roberts pushed back, arguing that because Uzuegbunam was no longer a student and because the school changed its rules when he complained, the case was moot. Roberts warned that the court's decision risked future situations where federal judges will be forced to weigh in on nonissues because the plaintiff seeks nominal damages.

"By insisting that judges be able to provide meaningful redress to litigants, Article III ensures that federal courts exercise their authority only 'as a necessity in the determination of real, earnest and vital controversy between individuals,'" Roberts wrote, arguing that the Constitution attempts to restrict how judges can rule in such cases.

"The Court sees no problem with turning judges into advice columnists," Roberts wrote of his colleagues.

Standing against performative "justice" further burnishes his reputation.

Posted by at March 8, 2021 2:36 PM

  

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