Your current web browser is outdated. For best viewing experience, please consider upgrading to the latest version.
ERROR
Main Error Mesage Here
More detailed message would go here to provide context for the user and how to proceed
ERROR
Main Error Mesage Here
More detailed message would go here to provide context for the user and how to proceed
search DONATE
Close Nav

There’s Nothing Radical or Political about the Supreme Court’s Big Rulings

back to top
commentary

There’s Nothing Radical or Political about the Supreme Court’s Big Rulings

Washington Examiner June 28, 2022
Legal ReformOther
OtherCulture & Society

If you get your legal news from social media, with occasional links to reporting by actual media outlets, you’d think the Supreme Court has made an extreme turn to the Right in the law. In this reading, rulings on cases involving school funding, prayer at schools, guns, and, of course, abortion , represent an ideological hijacking of our Constitution. What’s more, since the six justices in the majority of each of these cases were appointed by Republican presidents, these radical decisions were all just partisanship disguised as law. Or so the argument goes.

That take, which one unfortunately sees not just from Twitter trolls and Facebook lawyers but from highly regarded law professors and journalists in all the top print and broadcast media, is disingenuous at best. To use the technical legal term, it’s hogwash.

I don’t mean that reasonable people, legally trained or otherwise, can’t disagree on these cases, or that anyone who contradicts my analysis is stupid or politically motivated. To the contrary, it’s those attacking the Supreme Court’s legitimacy and calling the justices partisan hacks who seem to believe that the only way to reach the results we’ve seen is to act in bad faith for political reasons.

Continue reading the entire piece here at the Washington Examiner

______________________

Ilya Shapiro is a senior fellow and director of Constitutional Studies at the Manhattan Institute. Follow him on Twitter here

Photo by Douglas Rissing/iStock

Saved!
Close