politics
April 3, 2026
The Last Conservatives
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TL;DR
- Donald Trump's interactions with the Supreme Court are characterized by a desire to bully justices and use the court as an instrument of electoral power.
- Progressives and Democrats are criticized for a "smear campaign" against the Court's legitimacy whenever it doesn't rule in their favor on policy matters.
- The article distinguishes between policy questions and legal/constitutional questions, using examples like flag burning and conversion therapy cases to illustrate the First Amendment's protection of unpopular speech.
- The concept of "judicial activism" is described as outcome-driven jurisprudence, a practice increasingly prevalent among Republicans.
- Trump's view of the court is presented as transactional, expecting justices to rule in his favor based on their nomination, unlike perceived Democratic justices who "stick together."
- Data from SCOTUSblog is cited to show that a significant percentage of Supreme Court rulings are unanimous or have bipartisan majorities, contradicting the notion of a purely politicized court.
- The Trump administration has faced rejections from the Supreme Court on key policy preferences such as tariffs, National Guard deployment, and birthright citizenship.
- While acknowledging blemishes on the Court's record and specific criticisms of Chief Justice Roberts, Justice Kagan, and Justice Jackson, the article posits that the institution has earned some benefit of the doubt.
- The Supreme Court is described as the federal government's preeminent conservative institution, not in a politically right-wing sense, but in its defense and fortification of the American constitutional order.
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