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A26 U.S. NEWS
Wednesday 17 June 2020
Simple math suggests complex back story at Supreme Court

WASHINGTON (AP) — Su- mosexuality or transgender
preme Court watchers status," he wrote.
were left scratching their Among other related ques-
heads when they learned tions is, what took so long?
Justice Neil Gorsuch was More than eight months
the author of Monday's elapsed between the argu-
landmark LGBT rights rul- ments and Monday's deci-
ing, but not because the sion. That can happen at
appointee of President the court, but there often is
Donald Trump might have a story behind the delay.
been expected to side with A highly anticipated case
his conservative colleagues on affirmative action in-
in dissent. volving the University of Tex-
Rather, it was a matter of as was argued in October
math. 2011 and not decided until
Each of the nine Supreme late the following June. The
Court justices usually writes 7-1 outcome, in the end,
at least one opinion for decided very little.
each month the court Several years later, au-
hears arguments. Gorsuch's thor Joan Biskupic wrote in
opinion was his second for "Breaking In," her biography
October while three of his of Justice Sonia Sotomay-
colleagues wrote nothing. or, that Sotomayor had
That highly unusual lineup drafted a biting dissenting
suggests something going In this Oct. 8, 2019, file photo, people gather outside the Supreme Court in Washington. The Su- opinion that appeared to
preme Court’s Monday ruling shielding LGBT people from employment discrimination dealt a
on behind the scenes. blow to religious conservatives — and was penned by a justice they lauded after his nomination have changed some con-
Gorsuch became the only by President Donald Trump. servative justices' votes and
justice other than retired Associated Press ended up allowing the uni-
Justice Anthony Kennedy versity to preserve its admis-
to author a major high ence Thomas or Ruth Bader either because a draft ma- Lederman wrote. sions policy.
court ruling in favor of LGBT Ginsburg — decides who jority opinion is unpersua- Or, he added, maybe the The draft opinion eventual-
rights when he wrote the gets to write for the court. sive to a justice, or a dissent change happened in the ly saw the light of day two
decision declaring work- The justices work together is compelling enough to juries case. years later, when the court
place discrimination on the to ensure there is a relative- draw another vote. In rare Majority opinions often upheld a constitutional
basis of sexual orientation ly even distribution of labor. instances, an opinion origi- have fairly lengthy recita- amendment in Michigan
or gender identity illegal It seems unlikely, based on nally circulated as a dissent tions of the facts of the case. that banned the consider-
under federal civil rights the usual practice, that becomes the majority. Gorsuch's opinion basically ation of race in public col-
law. The 52-year-old justice Gorsuch would have been Such a shift might have devoted one paragraph lege admissions.
earlier wrote the ruling re- assigned both majority happened here or in the each to the three fired em- When Justice Harry Black-
quiring unanimous jury ver- opinions in October, espe- case about unanimous ju- ployees whose cases the mun's papers became
dicts in state criminal cases. cially since Roberts and ries, although there is not court decided Monday. public in 2004, they re-
The answer is obvious in Ginsburg were two justices much evidence to suggest But the justice offered an vealed that Kennedy had
one sense. He wrote opin- who didn't write at all from it with either one. explanation for the brev- switched his vote — and
ions in both cases that at- that month. Justice Brett Georgetown University law ity. "Few facts are needed the outcome — twice in
tracted a majority of the Kavanaugh was the third. professor Martin Lederman to appreciate the legal 1992, in an abortion case
court. But how he came to One of those three justices acknowledged on Twitter question we face. Each of that reaffirmed the 1973
write them is a mystery. certainly was working on that he was speculating the three cases before us Roe v. Wade ruling and in
After each month of argu- an opinion in a case that when he wrote that Gor- started the same way: An a separate case banning
ments, which the court calls settled before the court such may have been un- employer fired a long-time clergy-led prayers at public
a sitting, Chief Justice John could issue a decision. But decided at first and that employee shortly after the school graduations.
Roberts assigns the opin- that still leaves two justices Roberts drafted an opinion employee revealed that Though he started out on
ions for cases in which he is with nothing. siding with the employ- he or she is homosexual or the other side, Kennedy
in the majority. Otherwise, Occasionally, positions shift ers. "Gorsuch didn't buy it; transgender — and alleg- wound up writing or co-
the senior justice in the ma- after the initial tally taken drafted this instead, and edly for no reason other writing the majority opinion
jority — usually either Clar- just after the arguments, the Chief came over to it," than the employee's ho- in both cases.q
Louisiana widening access to medical marijuana under new law

By MELINDA DESLATTE ommend medical marijua- House voted 75-16 for the glaucoma, post-traumatic recommend cannabis for
Associated Press na for any patient they be- measure, while the Senate stress disorder and Parkin- patients.
BATON ROUGE, La. (AP) — lieve it would help, and re- agreed in a 28-6 vote. son's disease. Only the agricultural cen-
More Louisiana residents move restrictions on which Edwards, a Democrat, an- Bagley's legislation ex- ters at Louisiana State Uni-
will have access to medi- doctors can recommend nounced Monday evening pands that to include any versity and Southern Uni-
cal marijuana under a sig- cannabis. that he had signed the bill condition that a doctor versity are authorized to
nificant expansion of the The state House and Sen- into law. "considers debilitating to grow cannabis in Louisiana,
state's therapeutic can- ate agreed to the bill — Under a 2015 law and ad- an individual patient." and only nine dispensaries
nabis program that was sponsored by Republican ditional changes passed In addition, the new law can provide it to patients.
signed into law by Gov. Rep. Larry Bagley of Stone- since then, Louisiana al- will no longer require doc- LSU's grower has been sell-
John Bel Edwards. wall, the chairman of the lowed cannabis to treat tors to register with and ing products since August,
The changes in the law, House health committee a long list of diseases and receive authorization from while Southern's grower
which take effect in Au- —- in the regular session disorders including cancer, the Louisiana State Board hasn't yet started its sales.
gust, allow doctors to rec- that ended June 1. The seizure disorders, epilepsy, of Medical Examiners to q