Quiet start to Supreme Court term amid turmoil

The Associated Press

WASHINGTON — It’s the storm before the calm at the Supreme Court.

Americans watched Thursday’s high court nomination hearing of Judge Brett Kavanaugh with rapt attention. The televised spectacle was filled with disturbing allegations of sexual assault and Judge Kavanaugh’s angry, emotional denial.

On Monday, the court will begin its new term with the crack of the marshal’s gavel and not a camera in sight.

The term’s start has been completely overshadowed by the tumult over Judge Kavanaugh’s nomination.

Republicans had hoped to have Judge Kavanaugh confirmed in time for the court’s first public meeting since late June, an addition that would cement conservative control of the court.

Instead, there are only eight justices on the bench for the second time in three terms, with a breakdown of four conservatives and four liberals. The court was down a member in October 2016, too, following the death of Justice Antonin Scalia. Justice Neil Gorsuch joined the court in April 2017, after all but about a dozen cases had been argued

It’s unclear how long the vacancy created by Justice Anthony Kennedy’s retirement in July will last. Consideration of Judge Kavanaugh’s nomination by the Senate has been delayed while the FBI undertakes an investigation of Christine Blasey Ford’s allegation that Judge Kavanaugh sexually assaulted her in 1982. The bureau also is investigating allegations by a second woman, Deborah Ramirez, that Judge Kavanaugh exposed his genitals to while they were students at Yale.

An empty seat on the bench often forces a push for compromise and leads to a less exciting caseload, mainly to avoid 4-4 splits between conservatives and liberals.

Now, Chief Justice John Roberts probably will be the justice closest to the center of the court.

“All eyes ought to be on the chief justice,” said Greg Garre, a solicitor general during George W. Bush’s presidency. Chief Justice Roberts’ votes in favor of President Barack Obama’s signature domestic legislation, the Affordable Care Act, show “he’s willing to buck other conservatives on hot-button, high-profile issues,” Mr. Garre said.