We need to accept that conservative courts like this one are going to issue conservative rulings, writes LevinsonJessica. That means for liberal leaning jurists, moderation may be the new definition of victory.
The court did something similar in a case dealing with voting rights in another case authored by the chief. The court reviewed a case out of Alabama, where Republican legislators drew congressional district lines in a way that diluted Black voting power in violation of the Voting Rights Act. The high court had put on hold a lower court decision that had ordered Alabama legislators to draw new district lines that complied with the Voting Rights Act.
The court didn’t go nearly as big and as far as it could have. In key areas, a majority of the court opted to maintain the status quo instead of upend our settled laws. Next up, two big cases asked the court to change the law concerning when social media companies can be liable for content their users post. The court was, in part, deciding whether to upend our decadeslong understanding that social media companies generally can’t be sued for words, videos and images that users post on their sites. Here again, while the court decided to hear the two cases, it ultimately opted to keep our current legal framework in place.
To be sure, our yardstick for measuring how conservative a Supreme Court term is is skewed by how far the court pulled us to the right last term — and by the fact thatBut there’s no ignoring a trend that emerged: holding the status quo in big cases that could have upended our understanding of elections, voting rights, liability for social media companies and immigration policies. This may be our new version of a legal victory.
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