The Roberts Court’s rejection of right-wing positions does not make it a liberal court. The constant refrain from reporters and commentators is that this has been a stunningly liberal term from the Roberts Court. But a closer examination of the cases shows a much more complicated story, including the liberal justices being in the majority in decisions that should be of great concern to progressives.
To a large extent, the victories cheered by liberals were the result of the court refusing to move the law in a very conservative direction. For example, in Texas Department of Housing and Community Affairs v. Inclusive Community, the U.S. Supreme Court held that a policy violates the Fair Housing Act if it has a racially discriminatory impact. This is crucial for civil rights plaintiffs because it is so difficult to prove a discriminatory intent behind an action.
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