Is the Fifth Circuit's lawlessness a bug — or a feature — to the Roberts court?
The Fifth Circuit is a godsend for the Supreme Court. It allows them to look more reasonable than they truly are. See also a Slate piece about "course correction" that is filled with rather pathetic examples such Clarence Thomas recusing in one case (but not another case involving 1/6).
I wonder, though. The increasing arrogance and extremism of the lower courts threatens to substantially minimize the role of SCOTUS.
If Scotus is relegated to rubber-stamping lower court rulings, then the focus turns to the lower courts.
Once SCOTUS' role has been so diminished (even with Roberts' strategizing), it will never recover.
Nothing is new under the sun. The Fifth Circuit with today's SCOTUS is the Ninth Circuit with yesterday's SCOTUS. Fortunately one of the reasons the Court grants cert is conflict among the circuits. Indeed, it happens with such frequency that Chief Justice Burger even advocated for a national appellate court to handle such conflicts. It's being characterized as a potential crisis and a challenge to the Court's legitimacy because this platform views the Court through a Democrat vs Republican political lens. Unfortuantely, such a politics-heavy focus is a disservice to efforts to understand SCOTUS jurisprudence and works to pull the Court further into the political maelstrom.
I did not realize until last week and this week just how left wing you are. If you think the Fifth Circuit is extremist, you are far out in left field and very, very wrong IMO.