Opinion | A Precedent Overturned Reveals a Supreme Court in Crisis – By Linda Greenhouse – The New York Times

By 

Contributing Opinion Writer

Credit…Christopher (TX) Lee for The New York Times

“The country wasn’t exactly holding its breath for the Supreme Court’s decision this week that the Constitution requires juror unanimity for a felony conviction in state court. The case promised little change. Unanimity has long been understood as constitutionally required in federal court as a matter of the Sixth Amendment right to trial by jury.

The only outlier among the states was Oregon. Louisiana, where the case originated in an appeal brought by a man convicted of murder in 2016 by a 10-to-2 vote, changed its rule two years later to require unanimity going forward. Six Supreme Court justices agreed this week that contrary to the outcome of a 1972 case, there is not one rule for the federal courts and another for the states: Conviction only by a unanimous jury verdict is now the rule for both.

That sounds almost too straightforward to be very interesting. Even people with more than a passing interest in the Supreme Court may well have thought, “Well, then that’s that,” before moving on to other cases, other concerns.

That would have been a mistake. This decision, Ramos v. Louisiana, is in fact one of the most fascinating Supreme Court products I’ve seen in a long time, and one of the most revealing. Below the surface of its 6-to-3 outcome lies a maelstrom of clashing agendas having little to do with the question ostensibly at hand and a great deal to do with the court’s future. Peek under the hood and see a Supreme Court in crisis.”