> That said, the conservatives tend to be literalists from the perspective of the legislature or regulator at the time the law was enacted
There’s absolutely no objective basis for this statement whatsoever.
The Supreme Court is a political body and always has been. The current rhetorical fiction that it’s some other thing is really a relic of the post-war era that became cemented because it has been a helpful fiction for both sides at various points.
The sooner we retire the nonsense idea that the court is doing anything other than make politically calculated decisions the better off we will all be.
Supreme Court justices make decisions the same way every other political actor in our system does. Because they want to, because they can get away with it, and because their constituencies and supporters demand and incentivize it.
There’s absolutely no objective basis for this statement whatsoever.
The Supreme Court is a political body and always has been. The current rhetorical fiction that it’s some other thing is really a relic of the post-war era that became cemented because it has been a helpful fiction for both sides at various points.
The sooner we retire the nonsense idea that the court is doing anything other than make politically calculated decisions the better off we will all be.
Supreme Court justices make decisions the same way every other political actor in our system does. Because they want to, because they can get away with it, and because their constituencies and supporters demand and incentivize it.