Saturday, June 30, 2018
Check it Out: Epps on the Post-Kennedy Court
With all the musings about what the post-Kennedy Court will do, Garrett Epps argues at The Atlantic that we already know--because we already have it.
In the 2016-2017 term, conservatives won 33 percent of . . . ideological casts. Between 2005 and 2016, the highest "conservative victory" percentage was 73 percent.
In 2017-2018, the "conservative victory" percentage was 100 percent.
The only times the four liberals picked off a win was in the "mixed cases," in which they won over a justice like Chief Justice Roberts rather than "swing vote" Kennedy. In other words, the tilt to the right has already occurred. And that tilt coincides with a fundamental, historic, and irreversible change in the court itself and its role in American life.