Reply To: New Conservative Supreme Court Supermajority

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akuperma
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1. The only conservative in Chief Justice Roberts. There are five originalists, but that doesn’t guarantee a right wing decision, not would it necessarily be good for Jews. The anti-test act clause never was understood as requiring religious accommodation, and the first amendment was understood to protect belief not practice, and if the originalists take a look at the 14th amendment, they may object to it having been expanded beyond protecting the rights of ex-slaves and their descendants (bad for religious minorities). And the right to privacy, which is the basis of allowing “sexual freedom” is also the basis for laws allowing parents to control the religious upbringing of children – and that right isn’t written in the constitution.

2. It only takes a simple statute to turn a 6-3 majority into a 7-6 minority. Plus the Congress and the blue states can probably manipulate things to restrict the ability of the Supreme Court in ideological matters (e.g. making abortion a matter of state rights and prohibiting anyone from traveling to a blue state for an abortion).