In CNN's March 5, 2024 Retired federal judge blasts Supreme Court ruling: 'Stunning in its overreach' retired federal Judge J. Michael Luttig says the following (excerpted from YouTube auto-transcript with small edits):
Today's ruling, Jake, was both astonishing and unprecedented, not for its decision of the exceedingly narrow question presented by the case. though that issue was important, but rather for its decision to reach and decide a myriad of the other constitutional issues surrounding disqualification action under the 14th amendment. In reaching and deciding those questions unnecessarily, the court - the majority, as the concurrences said, effectively decided that the former president will never be disqualified from holding the presidency in 2024, or ever for that matter. but even more importantly, as the concurrence said affectively, the court today decided that no person in the future will ever be disqualified under section three of the 14th amendment, regardless whether he or she has engaged in an insurrection or rebellion against the constitution of the united states.
and later:
It's stunning in its overreach. It's a textbook example, Jake, of the kind of judicial activist, judicial opinion(s) from the 1960s and the warren court era that begat the conservative legal and judicial movement in the 1970s and 1980s. But of course, it's different here because this is unmistakably a conservative active court. most of whose members were leaders of that conservative movement, at least in the 1980s and forward.
and to Tapper's question "...what do you say to a young person watching this who says the fix was in?...":
The best answer I would give to those young people, Jake, is this. the concurrence said what I just said that they said. And justice Amy Coney Barrett, who did not join the the other five in the overreaching decisions that it made, accused the three concurrences of stridency in their opinions. For your reader, for your listeners and your viewers. there was not one word of stridency in the concurring opinion by justices Sotomayor, Kagan and Jackson. not one single word of stridency.
Indeed, Justice Barrett's opinion ends with:
In my judgment, this is not the time to amplify disagreement with stridency. The Court has settled a politically charged issue in the volatile season of a Presidential election. Particularly in this circumstance, writings on the Court should turn the national temperature down, not up. For present purposes, our differences are far less important than our unanimity: All nine Justices agree on the outcome of this case. That is the message Americans should take home.
and that of Justices Sotomayor, Kagan and Jackson begins with:
“If it is not necessary to decide more to dispose of a case, then it is necessary not to decide more.” Dobbs v. Jackson Women’s Health Organization, 597 U. S. 215, 348 (2022) (ROBERTS, C. J., concurring in judgment). That fundamental principle of judicial restraint is practically as old as our Republic. This Court is authorized “to say what the law is” only because “[t]hose who apply [a] rule to particular cases... must of necessity expound and interpret that rule.” Marbury v. Madison, 1 Cranch 137, 177 (1803) (emphasis added).
Today, the Court departs from that vital principle, deciding not just this case, but challenges that might arise in the future.
I'm certain the answer can be found within this decision and/or with other sources written about it, but it is hard for those not "skilled in the art" to wrap our minds around it with accuracy. So I'd like to ask:
Question: What exactly are the "stridencies" in the SCOTUS majority opinion on the Colorado ballot exclusion case to which the two concurrencies refer?
If possible, somewhere within the answer, it would be nice if there were either headings, or a list, or an enumeration. (if possible, thanks)