Here’s why the 6-3 conservative Supreme Court keeps flaking out.
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Despite over a half-century of trying, Republicans still have not figured out how to get conservative judges to consistently do conservative things.
Admittedly, Republicans have improved at this over time, helped by the rise of the Federalist Society and the collapse of the filibuster for judicial nominees. However, the courtroom disappointments keep coming, most famously Bostock v. Clayton County, where Trump appointee Neil Gorsuch read “gender identity” into the definition of “sex” in the Civil Rights Act of 1964. Just last term, the Supreme Court delivered another disappointment in its abortion case FDA v. Alliance for Hippocratic Medicine, ruling for the Food and Drug Administration on the arcane issue of standing when it should have ruled for Alliance for Hippocratic Medicine on the more pressing issue of FDA egregiously breaking its own rules to approve the abortion drug mifepristone on loose terms.
