The actual facts of the US case before the Supreme court is not too important for us, but rather the judicial dynamics. In Flowers v. Mississippi, Kavanaugh wrote majority opinion overturning a sixth conviction of a cold-blooded murderer who was convicted of killing four people 23 years ago. We should remember Kavanaugh as the Trump appointment that drove the left crazy because they thought that he was going to just like Black Judge Thomas, a literal constitutionalist and conservative. But this judge is just another white liberal. In Flowers, there was no doubt the defendant was guilty, but Kavanaugh was convinced that the jury was “racist.” The judgment was so unhinged that Justice Thomas, a Black man, in dissent called this out as virtue signalling:
“Justice Thomas shot back in his dissent and noted that not only does he disagree with the underlying premise and recent precedent (in Foster v. Chatman) that such facts would be grounds to overturn a conviction, but he disagrees with the notion that there was discriminatory intent. “The only clear errors in this case are committed by today’s majority,” wrote a clearly irate Thomas, who is getting tired of these cases. Confirming that we never should have taken this case, the Court almost entirely ignores—and certainly does not refute—the race-neutral reasons given by the State for striking Wright and four other black prospective jurors. Two of these prospective jurors knew Flowers’ family and had been sued by Tardy Furniture—the family business of one of the victims and also of one of the trial witnesses. One refused to consider the death penalty and apparently lied about working side-by-side with Flowers’ sister. One was related to Flowers and lied about her opinion of the death penalty to try to get out of jury duty. And one said that because she worked with two of Flowers’ family members, she might favor him and would not consider only the evidence presented. The state courts’ findings that these strikes were not based on race are the opposite of clearly erroneous; they are clearly correct.