From the beginning of oral arguments on Monday, it appeared the Supreme Court’s conservatives had come to the bench with their minds set.
I know that CNN long ago gave up pretending to be unbiased, but is there anyone on the planet who thinks that the liberals didn’t come into the arguments with their minds made up? Perhaps the only justice who is actually undecided is Roberts.
Legislatures and courts have been constructing conflicting ‘rights’ forever as if they would never require reconcilement.
Sooner or later the Supremes are going to have to deal with these hierarchy of rights issues. They surely view themselves as above functioning as social referees, but their own past decisions to simply kick a can down the road (and that’s exactly what they did with the Masterpiece Bakeshop decision) are coming back to haunt them. Their narrowly defined decisions as a method of actually not making a decision isn’t going to work much longer. Decades of their own slicing and dicing of the Constitution to accommodate social change leaves them with precious little wiggle room without overtly declaring that constitutionally protected right ‘A’ supersedes constitutionally protected right ‘Z’.