Bookmark today’s show as one of your classics. Today, I explain, once and for all, using several recent Supreme Court opinions, why the Supreme Court is nowhere close to having an originalist majority and why there is only one consistent originalist. Kavanaugh and Roberts are completely problematic.
I delve through three cases – the Bladensburg cross case, a capital conviction case, and a criminal alien gun conviction case – to demonstrate why the Supreme Court is a one-way street and a dead end for conservatives. Even if we had five Clarence Thomasas, we should never legitimize judicial supremacy. But we only have one.
The result? We get the worst of everyone’s sensibilities and the Left keeps winning, even when we win narrow defensive victories on a few cases in the Supreme Court out of the many they allow to stand in their unconstitutional status at lower courts.
- Flowers v. Mississippi
- Rehaif v. U.S.
- Bladensburg Cross case
- My take on Bladensburg Cross
- My 2016 piece on Roberts and overturning capital convictions on nonsensical grounds
Daniel Horowitz is a Senior Editor at Conservative Review, a conservative writer, and a policy analyst focusing on the hot-button issues in Congress. He is the author of the book, Stolen Sovereignty: How to Stop Unelected Judges from Transforming America.
Follow Daniel on Twitter: @RMConservative