Justice Amy Coney Barrett packed two very different messages into her one-page opinion on Monday as the Supreme Court declared states could not toss former President Donald Trump off the ballot.

She chastised her colleagues on the right for breaking significant – and in her mind unnecessary – ground in the breadth of their legal reasoning.

But then she admonished the court’s three liberal justices, who also split from the majority’s legal rationale, in unusually biting terms.

“In my judgment, this is not the time to amplify disagreement with stridency,” Barrett wrote. “The Court has settled a politically charged issue in the volatile season of a Presidential election. Particularly in this circumstance, writings on the Court should turn the national temperature down, not up.”

The 52-year-old appointee of Trump emphasized that the justices were more in sync than not, suggesting that the liberals’ writing subverted that fact.

“All nine Justices agree on the outcome of this case,” Barrett wrote. “That is the message Americans should take home.”

Yet Barrett’s statement, joined by no other justice, had the effect of highlighting the tensions between ideological factions and the power of the conservative majority, rather than neutralizing them. Liberal justices, often in the dissent, regularly adopt a caustic tone. It was paradoxical that Barrett herself, in rebuking them on Monday, chose words with more bite than usual.

The ideological strains inside the court will likely grow as the justices hear another chapter of Trump election-related litigation in April and begin issuing decisions this spring on various challenges to Biden administration policy.

Not since the 2000 case of Bush v. Gore, when the justices by a 5-4 vote cut off decisive recounts in Florida and gave then-Texas Gov. George W. Bush the White House over then-Vice President Al Gore, has the Supreme Court been positioned to play an outsized role in a presidential election.

Trump’s choice of Barrett as his third high court appointment dates to just before the November 2020 election and the sudden death of Justice Ruth Bader Ginsburg that September. Confirmed by the Senate before Election Day, Barrett immediately became the most consequential new justice.

Her sheer presence created a conservative six-justice supermajority on the nine-member bench. And her vote began defining the court’s new direction, especially when the justices in 2022 reversed the landmark Roe v. Wade decision and obliterated constitutional abortion rights nationwide.

Source: CNN

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