On the Justices and the Factions

Breyer and Kagan are traditional realo liberals. Sotomayor trends more towards the fundis. Roberts–an institutionalist–is a PBP. Alito and Thomas are bomb throwing Reactionaries who barely bother to give lip service to the rule of law. Barrett is a more principled Reactionary. Kavanaugh and Gorsuch are. . . well, we’re not totally sure yet. Either PBPs or Reactionaries. Time will tell.

Yes, it is true that Supreme Court justices are more than politicians in robes. Yes, it is true that their varying approaches to jurisprudence matter in both the short and the long run. Yes, it is true that they don’t move in lockstep. Yes, it is true that most of the cases heard by the justices are not “political” in the most narrow sense. The bottom line, however, is that their political opinions largely dictate the outcomes of the most significant cases. If they didn’t, why would Mitch McConnell care so much?

This will become more significant next year. Expect the right to coalesce over abortion and guns. The Court’s direction will become more obvious; the only questions will be how far, and how fast.