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Curt Levey

Washington Post Op-ed: Democrats are Overreacting About the Supreme Court



Committee for Justice president Curt Levey writes in the Washington Post that Democrats’ portrayal of the Supreme Court as ideologically motivated is misguided:

July 11, 2022


With the end of the Supreme Court’s term, Democrats are denouncing the court as ideologically motivated, extreme, undemocratic, even destabilizing. Their angst is understandable, but it’s misguided.


It’s understandable because, until recently, progressives were able to rely on the court to achieve or ratify many of their most important policy goals. It’s misguided for at least two reasons. First, this court is not ideologically motivated — that is, committed to conservative outcomes. It is committed to a textualist approach that sometimes will produce outcomes that political conservatives cheer and sometimes will infuriate them.


Second, Democratic warnings of a constitutional apocalypse — with the court supposedly poised to strip away Americans’ rights to contraception (Griswold v. Connecticut), homosexual sex (Lawrence v. Texas), same-sex marriage (Obergefell v. Hodges) and other rights not explicitly mentioned in the Constitution — are overblown. The court is not inclined to do any such thing.

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