This Supreme Court Term Will Launch a Conservative Revolution

https://slate.com/news-and-politics/2019/10/supreme-court-term-preview-conservative-revolution.html

By MARK JOSEPH STERN
OCT 04, 20195:58 AM

After Brett Kavanaugh joined the Supreme Court in October 2018, most of the justices seemed eager to do whatever they could to keep SCOTUS out of the limelight. Less than two weeks earlier, Christine Blasey Ford had declared on live TV that Kavanaugh sexually assaulted her as a teenager; Kavanaugh, in response, accused Democrats of orchestrating a “grotesque character assassination” driven by “pent-up anger about President Trump” and “revenge on behalf of the Clintons.”

The Supreme Court’s legitimacy rests in large part on the perception it is a nonpartisan institution, but Kavanaugh joined the bench engulfed in a toxic cloud of political rancor. In the year after the ugly confirmation hearing, the justices mostly kept their heads down, ducking many controversial cases for no apparent reason. They decided only two bona fide blockbusters, throwing partisan gerrymandering claims out of federal court and blocking the census citizenship question. Meanwhile, they dodged cases about Dreamers, abortion, religious freedom, and discrimination, effectively deciding not to decide.

But the Supreme Court has amassed far too much power to avoid any contentious issue for long. As Congress remains deadlocked and the White House melts down, SCOTUS has become the only fully functioning branch of the federal government. It has taken on the role of policymaker, obligated to resolve many of the battles that engulf the political branches. Republicans understand this fact, and it is a key reason why they fought so hard for Kavanaugh’s confirmation. With lawmakers paralyzed, momentous disputes wind up at the Supreme Court. And now, thanks to Kavanaugh’s vote, many of these battles will be decided by a 5–4 conservative majority.

A slew of potentially earthshaking cases has already piled up on the court’s docket for the upcoming term. Multiple transformative decisions will come down in June, thrusting the court into the middle of the 2020 presidential campaign. And the full impact of Kavanaugh’s appointment will become clear as the court is dragged further to the right. This jurisprudential bloodbath will heighten the stakes of the 2020 race, amplifying the power of the president and the role of the judiciary in the most explosive political fights of the day.

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