- The Washington Times - Friday, June 7, 2019

Justice Ruth Bader Ginsburg suggested Friday that the Supreme Court is deeply divided as it closes out its 2018-2019 term this month, with a series of high-profile cases on the 2020 census and political gerrymandering poised to be released.

She hinted, while speaking to a conference of federal judges in New York, that the number of decisions decided by a five-member majority will grow.

Pointing to the rate so far — 11 of the 43 cases have been decided 5-4 or 5-3 — she said she “cannot predict that the relatively low sharp divisions ratio will hold.”

She also made clear where she stands on some of the cases confronting her.

“However one comes out on the legal issues, partisan gerrymandering unsettles the fundamental premise that people elect their representatives, not vice versa,” she said.

It’s been an eventful term for Justice Ginsburg, who for the first time in a quarter-century on the court missed some oral arguments while recovering from surgery.

The court also gained a new member, Justice Brett M. Kavanaugh. Justice Ginsburg praised him for selecting all female law clerks, creating a new balance at the court.

“Thanks to his selections, the court has this term, for the first time ever, more women than men serving as law clerks,” Justice Ginsburg said.

Justice Kavanaugh replaced Justice Anthony Kennedy, who retired last summer. Justice Ginsburg called that the biggest factor for the court now, “and perhaps for many terms ahead.”

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