Hoarse Voice of the Left // Steven Hayward

If you thought the primal screams of the left following the Dobbs decision was deafening, wait until next Tuesday’s election result and especially next year if affirmative action is ruled invalid by the Supreme Court at the end this term. I expect the left will scream from their primal screaming.

The New Republic is particularly alarmed by the headline ” The Supreme Court Is Operating Without a Leash“, though silly me, I would have thought that the Constitution is a pretty strong leash.

Let’s start with the subhed.

After a long day of oral arguments in two affirmative-action cases, it is clear that conservative justices will do whatever they want, regardless of law or precedent.

Monday’s oral arguments in Students for Fair Admissions in UNC, and Students for Fair Admissions in Harvard lasted nearly five hours. This made it one of the longest cases in Supreme Court history. (Some sessions from the nineteenth century took several days.) As they interrogated both sides, the justices covered almost every aspect of this case. Yet, the outcome of a Supreme Court Case has rarely felt so preordained as the probable downfall of affirmative actions in higher education, regardless of the legal or factual circumstances.

Hmm, let us try the opening again in this way (my modifications marked in bold).

After a long day of oral arguments in two school segregation cases it is clear that the liberal justices will do whatever they want, regardless of facts, law or precedent.

Monday’s oral arguments in Brown in Board of Education lasted nearly five hours. This makes it one of the longest cases in Supreme Court history. (Some sessions in the nineteenth century took several days.) As they interrogated both sides, the justices covered almost every aspect of this case. Yet, it is rare that a Supreme Court case has felt so preordained like the likely downfall of segregation in public school, regardless of the legal or factual circumstances.

Yes, I seem to remember that Brown involved disputed factual issues as well as the need to overturn (supposedly*), several long-standing precedents such as Plessy. The operative rule for the left is stare decisis to thee, but not me.

* Please note that Brown did not actually overturn Plessy, but used sleight of hand ever since to make people believe they did. But that’s another story.