The proper long-term goal is not neutrality, but victory. The time for playing jurisprudential and judicial defense is thus over. The time is now right for legal and judicial conservatives to go on offense.
— Josh Hammer (@josh_hammer) July 1, 2022
My latest @NewsweekOpinion. https://t.co/2YnNulSMqH
What have conservatives conserved?
It became a cliché in the Alt-Right years. Conservatives were perpetual losers who have nothing but tax cuts to show for their electoral victories. In spite of controlling the Supreme Court since 1970, social conservatives had been routed at the Supreme Court on nearly every major issue. The lone exception in this drought of major victories at the Supreme Court was gun rights in the Heller decision.
I became politically active in late 2001. In my adult lifetime, I had seen conservatives repeatedly lose on affirmative action (Grutter v. Bollinger, Fisher v. University of Texas), illegal immigration (Arizona v. United States), gay marriage (Obergefell v. Hodges), “trans” (Bostock v. Clayton County) and
National Federation of Independent Business v. Sebelius (Obamacare). The losing steak extends even further back to around World War II when the Supreme Court began chipping away at Jim Crow in FDR’s last two terms in the years before the Brown decision. Long after progressives lost their majority on the Supreme Court in the Reagan era, they continued to punch far above their weight and score major victories which led to sweeping social revolutions, most notably on gay marriage.
Losing at the Supreme Court is all that we have seen from conservatives for generations. It is the norm. The Supreme Court has been a battering ram for top down social revolutions. This continued through the Trump presidency when the Bostock decision came down in 2020 and the Supreme Court refused to go along with Trump’s effort to overturn the 2020 election.
“WASHINGTON — The Supreme Court moved relentlessly to the right in its first full term with a six-justice conservative majority, issuing far-reaching decisions that will transform American life. It eliminated the constitutional right to abortion, recognized a Second Amendment right to carry guns outside the homemade it harder to address climate change and expanded the role of religion in public life.
But those blockbusters, significant though they were, only began to tell the story of the conservative juggernaut the court has become. By one standard measurement used by political scientists, the term that ended on Thursday was the most conservative since 1931.
“The data provide stunning confirmation of the Republican-conservative takeover of the Supreme Court,” said Lee Epstein, a law professor and political scientist at the University of Southern California who oversees the Supreme Court Database.
The last time the rate of conservative decisions even rivaled those in the term that ended Thursday was during Chief Justice John G. Roberts Jr.’s first term, which started in 2005.Since then, the final days of Supreme Court terms have tended to end with a mix of decisions pointing in different ideological directions. That changed this week, with a string of outcomes that left conservatives jubilant and energized about the court’s direction and liberals distraught. …”
In recent years, it seems like conservatives have become more radical and less tolerant of losing. The conservative legal movement was becoming the butt of jokes.
My expectation was that the Supreme Court would uphold Roe v. Wade while also upholding the Mississippi abortion ban in another 5-4 decision. It would be another token face saving victory for social conservatives which would keep the scam going. This is exactly what Chief Justice John Roberts hoped and tried to do. Instead, the “journalists” are howling with outrage after suffering several crushing defeats. The Supreme Court is “illegitimate” and has “gone rogue” after 50 years of GOP control.
Even though progressives lacked a majority on the Supreme Court, they continued to notch victories due to the power of the media. Anthony Kennedy and John Roberts cared more about flattering media headlines than wielding power to advance conservative priorities. Both the Dobbs decision and the lack of interest in the 1/6 hearings show that the media has lost a great deal of its power.
Jews have lost in the Supreme Court on prayer in schools, taxpayer funding for religious schools, gun rights and human sacrifice. The Notorious RBG has gone to her grave and seems to have taken a considerable amount of Jewish power and influence over public life with her. It has been a pleasant surprise.