'Bitter Disappointment': Conservatives Seize on Supreme Court Losses to Push Trump's Reelection
Legal conservatives point to recent rulings on DACA, LGBTQ rights and abortion to argue that, despite President Trump's best efforts, not enough has been done to shift the Supreme Court in their favor.
June 29, 2020 at 04:42 PM
7 minute read
When the Senate confirmed President Donald Trump's 200th federal judge last week, legal conservatives cheered the remarkable milestone. But recent rulings from the U.S. Supreme Court keeping protections for "Dreamers," LGBTQ rights in the workplace and Monday's decision striking down a Louisiana abortion clinic law have those on the right arguing Trump's judicial work is far from done.
Trump has reshaped lower courts and appointed Justices Neil Gorsuch and Brett Kavanaugh to the bench, shifting the court's ideological balance to the right. However, Chief Justice John Roberts—widely viewed as the bench's new center vote—has joined liberal justices to create majorities in cases where conservatives hoped to win, clouding their other achievements on the courts.
It's highly likely that whoever wins the November presidential election will get to select at least one justice, with two members of the court's liberal bloc—Ruth Bader Ginsburg, 87, and Stephen Breyer, 81—at retirement age.
Conservatives who have been able to successfully run on the courts are energized to do so again, citing their recent losses as reason they need to build an even stronger majority on the Supreme Court.
"Returning the courts to the rule of law has always been a very motivating issue for those on the right," said Carrie Severino, president of the conservative Judicial Crisis Network. "We've long experienced the courts usurping the legislative process to simply come to legal results. This term, unfortunately, is no different. I think that's something that will continue to motivate voters."
|'Just Shocked'
Trump recently announced he would once again release a list of potential justices to tap to the U.S. Supreme Court, repeating a move from his 2016 campaign that many view as having won over otherwise wary Republican voters.
Despite its past success, that strategy is now facing fresh skepticism. Sen. Josh Hawley, a Republican member of the Senate Judiciary Committee, recently told Politico he believes Trump should not release another list if it's drafted in the same way as prior iterations, arguing religious conservatives should play a bigger role in the process.
"I think they feel just shocked at what's going on with the Supreme Court, so I think it's vital that they be heard from and involved in this process," said Hawley, who previously clerked for Roberts.
Other conservatives, including Leonard Leo of The Federalist Society, who was involved in the nominations of Gorsuch and Kavanaugh, have defended the process. Severino on Monday said Trump releasing an updated list is "exactly the correct thing for the president to do." And she predicted the new version will feature a number of Trump's nominees who are currently sitting on federal courts.
Conservatives acknowledge that a bench with Roberts, who they argue is ruling to protect the reputation of the court over what the law calls for, is an improvement on past versions of the court without a Republican-appointed majority. Statements from right-wing groups issued in the wake of Monday's abortion ruling drove home the importance of ensuring the court's ideological balance is left up to the GOP and not Democrats in the coming years.
"It is imperative that we re-elect President Trump and our pro-life majority in the U.S. Senate so we can further restore the judiciary, most especially the Supreme Court. President Trump, assisted by the pro-life Senate majority, is keeping his promise to appoint constitutionalist Supreme Court justices and other federal judges," read one such statement from Marjorie Dannenfelser, president of the anti-abortion group Susan B. Anthony List, which called the abortion ruling a "bitter disappointment."
"This is evidenced by Justices Gorsuch and Kavanaugh, who joined with Justices Thomas and Alito and dissented from today's ruling," Dannenfelser added.
Liberal groups on Monday took the win on abortion access, but warned future victories may not be achievable if Trump is allowed to fill future court vacancies.
While Monday's decision threw out the Louisiana abortion law, Roberts leaned on the court's prior ruling against a nearly identical Texas law where he was in the minority. He invoked stare decisis—the legal doctrine against overturning prior precedent—in authoring his concurring opinion, splitting from the court's liberal arm's reasoning finding the law unconstitutional.
"The Louisiana law imposes a burden on access to abortion just as severe as that imposed by the Texas law, for the same reasons. Therefore Louisiana's law cannot stand under our precedents," Roberts wrote Monday.
Left-leaning groups pointed to Roberts' opinion to argue he might not rule their way in future abortion cases, and that presumptive Democratic nominee Joe Biden must win in November to guard the court from going even further to the right.
"The increased public pressure on the court has once again caused Roberts to side with the liberals, but his opinion walked a very fine line and may pave the way for a much less favorable outcome on abortion rights in the very near future," Brian Fallon, executive director of the progressive group Demand Justice, said in a statement. "None of the victories this term leave enough breathing room for progressives to get comfortable. If Trump is able to nominate an additional justice, that person will vote like Brett Kavanaugh, not John Roberts. It could not be more clear that the future of the court is hanging in the balance this year."
Biden has not gone as far as Trump in releasing a list of possible Supreme Court nominees, but has said he would tap a Black woman for the court.
The Supreme Court rulings haven't all been bad for conservatives. The court on Monday rejected a challenge from federal death row inmates over U.S. Attorney General William Barr's new federal execution protocol, which was upheld earlier this year by a pair of Trump appointees on the U.S. Court of Appeals for the D.C. Circuit.
Roberts on Monday also wrote a majority opinion that said Trump has the power to fire the director of the independent Consumer Financial Protection Bureau at will and not solely for cause as originally required.
While the chief justice included an interpretation of severability—"It has long been settled that 'one section of a statute may be repugnant to the Constitution without rendering the whole act void'"—that liberals viewed as a sign the justices won't strike down the entire Affordable Care Act in a separate case pending before the court, they still decried the CFPB ruling as a whole.
"The far right just scored a victory in its decades-long battle to destroy the social safety net," Marge Baker, executive vice president for policy and program at the progressive group People For the American Way, said in a statement. "It's critical that we vote in November for a president and senators who will nominate and confirm fair-minded judges who won't rule exclusively in favor of big corporations in this way."
Read more:
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPaul Weiss’ Shanmugam Joins 11th Circuit Fight Over False Claims Act’s Constitutionality
‘A Force of Nature’: Littler Mendelson Shareholder Michael Lotito Dies At 76
3 minute readUS Reviewer of Foreign Transactions Sees More Political, Policy Influence, Say Observers
'Unlawful Release'?: Judge Grants Preliminary Injunction in NASCAR Antitrust Lawsuit
3 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250