3 conservative Justices warn Kavanaugh & Barrett lack courage They’re weak. In an excessive force case, the three conservative justices wrote that the two newest Justices were “unwilling to…bear[] the criticism that” denying the prisoner’s appeal “would inevitably elicit.” And in a religious liberty case, the Thomas-3 charged that Kavanaugh and Barrett lacked the “fortitude” to overrule a controversial precedent. The conservatives implied a similar fissure in several other cases. We noticed. They’re cowardly. We finally have a majority but two of them might as well not be there. We really have a 3-3-3 court, says Blackman.