“abruptly, the Left’s devotion to the Court turned sour”
as “threatening the independence of the judiciary.” What happened? Stated succinctly, the “rule of five”—Justice Brennan’s cynical shorthand for the number of votes needed to form a majority—has turned against progressives accustomed to having their way. To their considerable chagrin, President Donald Trump’s appointments flipped the Court.
With the addition of Trump-appointed Justices Gorsuch, Kavanaugh, and Barrett, the Court’s long-suffering conservative minority is now. When brazenly-activist lower court judges abused their authority by issuing nationwide injunctions in cases challenging President Trump’s and other matters, the new conservative majority sometimes had to issue orders vacating such erroneous rulings—to the dismay of Trump’s vociferous opponents. The reversal oflast year removed all doubt that the tide has finally turned on the Supreme Court—and not coincidentally so has the tenor of scholarship from the legal academy. Like a jilted lover, the left-wing professoriate holds the Court in scornful contempt.
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