Pellinore
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- May 30, 2018
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This is good news for the Conservatives, but not the slam-dunk that folks are either singing Hosannas or rending their garments over right now. He was the least conservative of the five conservative justices, and we can expect him to be replaced by someone resembling the Second Coming of Neil Gorsuch. His retirement means the two sides are further from each other, and the right does shift - umm, "righter," but the big change will come if either of the seats held by RBG (age 85) or Steven Breyer (age 81) come open during President Trump's reign. Then you'll have a 6-3 conservative bench with very few moderates that, given the ages of the current conservatives (70, 68, 63, and 50), will be likely to last quite a while.
Also, perspective: Throughout most of our history, the Supreme Court has been a fairly conservative entity, the big exception being the Civil Rights era. The early-20th century Lochner Era, for example, was by today's standards completely batshit crazy (even Roberts and Bork has criticized their overreach) and ruled enthusiastically for corporate deregulation and power and against unions, at a time that gave us such joys as child labor, strikebreakers, and the Great Depression. Viewed through a widespread historical lens, those supporting the Progressive agenda should look at the Supreme Court more as an obstacle to be cleared rather than a potential supporter of their ideas.
Also, perspective: Throughout most of our history, the Supreme Court has been a fairly conservative entity, the big exception being the Civil Rights era. The early-20th century Lochner Era, for example, was by today's standards completely batshit crazy (even Roberts and Bork has criticized their overreach) and ruled enthusiastically for corporate deregulation and power and against unions, at a time that gave us such joys as child labor, strikebreakers, and the Great Depression. Viewed through a widespread historical lens, those supporting the Progressive agenda should look at the Supreme Court more as an obstacle to be cleared rather than a potential supporter of their ideas.