Sunday, July 08, 2018

Haunting Progressive Fear: The U.S. Supreme Court Isn't Going to Conserve Important Liberal Precedents

Harvard Law Review Blog reports:
The press and the rest of the commentariat have fallen into the habit of referring to the work of Chief Justice Roberts and Justices Thomas, Alito, and Gorsuch as “conservative.” That is wrong. In several of the most controverted areas that the Court has entered and in which its decisions have had a profound effect on law and on our national life—voting rights, gerrymandering, affirmative action, abortion, campaign finance, and most recently mandatory agency fees to public sector unions—the Court has undermined or overturned precedents that embodied longstanding and difficult compromise settlements of sharply opposed interests and principles. These decisions are not the work of a conservative Court.
The haunting fear from people who believe the constitution is "ever changing" with the times...