2016 and 2020: Progressives Counted Their SCOTUS Chickens Before They Hatched
Flash back to October 2016. Justice Scalia’s seat was vacant. Hillary Clinton was almost President-elect. And a quasi-conservative majority would soon be a thing of the past. Forget Merrick Garland. The Court would now have a permanent liberal majority for a generation. And progressives were ecstatic. Conservative precedents like Heller, Citizens United, Shelby County, and others cases were on the chopping block. Originalism was dead. And then election day happened. Trump won and appointed Justice Gorsuch to the Court. Then, Justice Kennedy retired, and was replaced by Justice Kavanaugh.
Now,
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