Another 5-4 decision on the Supreme Court, but the votes didn’t exactly fall along party lines.
Liberals thought they had a win after Justice Neil Gorsuch sided with three of the liberals, but Justice Ginsburg offset his vote by siding with the other four conservatives on the bench.
Jason Mont is fighting a ruling by the lower courts that he violated his release while awaiting sentencing on a second charge. Mont was convicted of and serving a sentence on felony gun and drug charges.
He served 84 months in prison, then had to serve a five-year supervised release that would have ended in March 2017. In 2015 and 2016, Mont faced other charges and was eventually incarcerated in June 2016.
The hearing had been delayed several times, but the judge in the case ruled that Mont had violated his supervised release and added another jail sentence to his term.
Mont pled guilty to the additional charges, but the additional sentence would mean another 42 months in jail. According to Mont, the trial delays should nullify his new sentence.
In the majority opinion, Justice Thomas wrote that “time in pretrial detention constitutes supervised release only if the charges against the defendant are dismissed or the defendant is acquitted.
“This ensures the defendant is not faulted for conduct he might not have committed, while otherwise giving full effect to the lawful judgment previously imposed on the defendant.”
The constant crossover by this Supreme Court has to be driving Democrats crazy.
While the dissenting votes from conservative justices in this ruling surely upset some conservatives, it proves to everyone that the supreme court is actually very balanced right now.
Both Gorsuch and Kavanaugh have not been afraid to cross party lines, something Democrats said neither of them would ever do.
But for Ginsburg to cross over, surely has left Democrats scratching their heads, wondering what happened to their liberal hero.