The Supreme Court, once anchored by conservative centrists like Sandra Day O’Connor and Anthony Kennedy, has undergone a significant shift to the right. This change has been marked by the absence of a pragmatic middle, leading to more divisive decisions.
Impact on Voting Rights
The Court’s recent decisions on voting rights, such as the Louisiana and Alabama cases, have made it more difficult to remedy intentional race discrimination in redistricting. These rulings have disrupted electoral practices across the country, largely benefiting Republicans.
The Court’s reversal of Roe v. Wade and the end of racial affirmative action in higher education also reflect a mindset that prioritizes conservative values over pragmatic considerations. Justices O’Connor and Kennedy, who were appointed by Republican presidents, previously voted to preserve the right to abortion in Roe and sought a middle ground on issues like the separation of church and state.
Consequences of the Shift
The disappearance of a constructive center on the Court has contributed to testiness in written opinions and difficulties in resolving cases. With 17 cases left to decide in the current session, the justices are grappling with issues like President Donald Trump’s attempt to restrict birthright citizenship and his effort to fire the heads of independent agencies.
Justice Amy Coney Barrett, who succeeded Justice Ruth Bader Ginsburg, has been a catalyst for the transformed Court. While she has occasionally sided with the left in select cases, her motivation is rooted in her textualist methodology rather than pragmatism.
Original reporting: KTVZ (Central Oregon) — read the source article.