Is the Supreme Court Really That Divided? The Facts Say No.
Of all the ink spilled and soundbites recorded railing into the current iteration of the Supreme Court, nothing quite epitomizes the spirit of the prevailing critique than a July cover of The New Yorker. Posed for a portrait, Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson look forward cool and defiantly, while the conservative appointees—Justices John Roberts, Samuel Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—all look identical, because they all have President Donald Trump’s face.
The gist is simple. That issue focused “on what appears to many to be an existential threat to democracy,” the magazine wrote, which is “the far-right shift of the Supreme Court, and the conservative movement’s plans to commandeer it.”
That critique has persisted for some time now. Some decisions today from the Court help show, once again, why it is neither fair nor accurate.
First up was Ames v. Ohio Department of Youth Services, in which the justices reversed a lower court decision and sided with a woman who said she was the victim of reverse discrimination, ruling that members of a majority group do not have to clear a higher bar to prove such claims. The opinion, written by Jackson, was unanimous.
Next came Smith & Wesson Brands, Inc., et al. v. Estados Unidos Mexicanos, the lawsuit brought by Mexico against gun manufacturers that the
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