I figured it out the other day. Conservative judges and justices who say they are strict constructionists are simply allowing themselves to throw out precedent setting cases and judgments based on the supposed intent of the founding fathers text in the Constitution. How else could you explain Justice Thomas’ reasoning on the use of cruel and unusual punishment on prisoners, where he felt the founding fathers didn’t intend the Eight Amendment to apply to them. Wow.
So it is today, contradicting courts across the country on Trump’s travel ban intended to target Muslims, the activist right wing court allowed part of the ban to be enforced until they could hear the case. You'll notice new Justice Gorsuch siding with Thomas and Alito...going with a religious ban?
The Supreme Court gave the Trump administration the go-ahead Monday to begin enforcing part of the president's executive order restricting travel from six predominately Muslim countries. The court also agreed to take up the Trump administration's appeal of lower court rulings ... unanimous on granting the administration’s appeal.
The only noted dissent came from Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch, who said they would have allowed the travel ban to be enforced in full. Because the Supreme Court will not hear the case until early October, the 90-day ban will likely have lapsed by the then. In that event, the case might then be dismissed as moot. But the administration would have succeeded in fully carrying out the executive order in the meantime.
Church and State Wall Tumbles: Those “Humpty Dumpty” conservative “strict constructionists” on the US Supreme Court are simply reinterpreting the Constitution. Can you reduce the wall of separation between church and state? Why not:
The Supreme Court reduced the wall of separation between church and state Monday in one of the most important rulings on religious rights in decades. The decision could doom provisions in 39 states that prohibit spending tax dollars to support churches. Monday's ruling said Missouri was wrong to exclude Trinity Lutheran Church in Columbia, Missouri from a program intended to help non-profits cover their gravel playgrounds with a rubber surface made from recycled tires. The church wanted to improve the playground at its preschool and daycare center.