3+ years in, it's clear that SCOTUS isn't what we were sold on during the 2016 election.Be that as it may, it still does not explain why, if Justice Kavanaugh agreed with Chief Justice Roberts and the liberal wing of the U.S. Supreme Court in ruling in favor of New York City, against the New York State Rifle & Pistol Association (NYSRPA) in New York State Rifle & Pistol Association, Inc., vs. Petitioners V. City Of New York, 590 U.S ____ (2020), on the mootness issue.
Why didn’t Justice Kavanaugh just add his name to that of the liberal wing of the Court and to that of Chief Justice Roberts, in deciding in favor of the City, and leave it at that?
Did Justice Kavanaugh feel a jurisprudential need to write a concurring opinion, knowing that going along with the liberal wing is not what would be expected of him, given his past deference to the Second Amendment of the Bill of Rights, in his well-reasoned, comprehensive dissent in Heller II?
Did Associate Justice Kavanaugh feel he needed to write a concurring opinion, knowing that siding with Chief Justice Roberts and the liberal wing of the High Court, against the conservative wing, comprising, Justices, Alito, Thomas, and Gorsuch, would lead the American public, to infer, not unreasonably, legal and logical inconsistency and incongruous intellectual dishonesty on Kavanaugh’s part—something impossible for him to hide? Perhaps. But no one really knows because no reporter or commentator has even bothered to hazard a guess as to Justice Kavanaugh’s motives or motivation for drafting a concurring at all.
Does Justice Kavanaugh know for a certainty the High Court will in fact take up for review another and more significant Second Amendment case and did he intend to use a concurring opinion specifically to inform the legal community and the public of that fact?
No commentator, to date, to our knowledge, has explored these questions and that leaves us in a quandary as to Kavanaugh's intentions.
Those that would bring HER up, how would HER judges outcome have been so different?