'Those who base their arguments on lies can build grand edifices, but they may find they’re based on foundations of sand.' -MichaelBarone
He’s right in a trivial sense. The Supreme Court hears appeals, not trials as most courts do; its nine members can serve for life; it sets its own docket. But he’s wrong if he means that this particular nine-member Supreme Court is a radical departure from accepted norms.This term, the court overturned previous decisions much less often than courts from the 1950s to the 1980s.
Each of these cases overturned as unconstitutional a policy backed by liberals, and each has been denounced by liberal commentators. Those denunciations, in my view, have been unconvincing, and the majority opinions of Chief Justice John Roberts and Justice Neil Gorsuch and a concurring opinion of Justice Clarence Thomas make powerfully the arguments for their results.
That’s most obvious in the college admissions cases. Harvard and North Carolina swore up and down they didn’t discriminate. But statistics — the same small percentage of high-scoring Asians admitted year after year — and admissions officers’ memos, unearthed by the plaintiffs, showed otherwise. The other lie, repeated in newspaper headlines, is that the plaintiff refused to do business with gay customers. In fact, she said she was willing to do so, with the limited exception of uttering creative custom messages against her deeply held principles. A contrary ruling would require Democratic campaign consultants to make ads for Donald Trump.
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