Counterpoint: SCOTUS Isn’t Drifting Rightward — the Pedal Is to the Floor

For an alternate viewpoint, see “Point: Another Momentous Term Is in the Offing.”

Whether the Roberts Supreme Court will continue to push American jurisprudence to the right — bending the law toward their preferred policy outcomes rather than precedent or originalist intent — is no longer a matter for debate. The question is how brazenly and how quickly it will press forward in dismantling democratic guardrails and protections against government aggression?

One need look no further than the spate of unreasoned shadow docket decisions issued by the court over the summer to understand that this court is moving to the right at unprecedented speed.

Justice Ketanji Brown Jackson hit the mark when she called the majority’s decisions — especially in shadow docket cases — jurisprudential