The Supreme Court is made up of a majority of conservative justices, but this latest term has taught Americans that not all conservatives are created equally. Instead of a 6-3 divide between conservative and liberal justices, some of the court’s major decisions reveal a 3-3-3 divide.
“I think the most conservative members are Justice Thomas and next Justice Gorsuch, and close by probably Justice Samuel Alito,” Josh Blackman, professor at South Texas College of Law in Houston, tells CBN News.
In the middle, making up a more centrist coalition, he says, are Chief Justice John Roberts, Justice Brett Kavanaugh, and the court’s newest member Justice Amy Coney Barrett.
“We learned that Justice Amy Coney Barrett was not the judicial torpedo that a lot of Democrats thought that she was going to be on things like Obamacare,” Sarah Perry, legal fellow at The Heritage Foundation, told CBN News.
In that case, led by the more centrist conservatives, the court chose consensus over striking at the heart of the matter.
Likewise, in Fulton vs. City of Philadelphia, the court ruled unanimously that the city was discriminating against a Catholic foster care agency, Catholic Social Services, but stopped short of addressing the larger issue of religious liberty.
That led a frustrated Justice Samuel Alito to write, “This decision might as well be written on the dissolving paper sold in magic shops.”
“Their job is to decide whatever case is before them and not create these cockamamie schemes of what may happen in a decade. I think that is a flawed understanding of judicial power,” says Blackman, who is also an adjunct scholar at the Cato Institute.
A recent Gallup Poll shows 49-percent of Americans approve of the job the Supreme Court is doing. That’s the lowest rating since 2017, but Republicans and Democrats view it similarly revealing Americans are both pleased and frustrated with its rulings.
Finding that equilibrium of public opinion is what some observers say drives the middle of the court to issue narrow opinions and decline some controversial issues.
Roberts, Kavanaugh, and Barrett joined the three liberal justices to refuse hearing the case of Barronelle Stutzman, a Washington florist who’s being forced to use her “art” to celebrate a same-sex marriage.
Meanwhile, Gorsuch joined the three centrists to block hearing a transgender bathroom case out of Virginia.
“The court’s conservatives – at least three or four of them – do not want to get bogged down in the transgender issue. I think they want to stay away from it. I think they hope it just goes away and disappears, but you know, and I know these things just don’t vanish, they just brew up and develop controversy year after year,” adds Blackman.
Still, next term the court will tackle several hot-button issues like New York’s handgun law, and an abortion case of out Mississippi that strikes at the heart of Roe versus Wade.
“The fact that they have relegated this decision on whether or not pre-viability restrictions are constitutional indicates to us that they are going directly to the heart of the matter and will make a determination as to whether or not Roe was good law,” explains Perry.
So how will this new alignment on the court play out? Blackman has a prediction.
“I don’t think there are enough judges with the backbone to do it.”
HD Editor’s Note: Why Is This News Biblically Relevant?
A Tactic Of Intimidation
In 2018, when Judge Brett Kavanaugh was nominated to the Supreme Court, a firestorm erupted in the United States. Kavanaugh was attacked from every angle by Democrats to stop him from being confirmed.
Their objection to him residing on the Supreme Court was not based on the onslaught of the false accusations brought against him to smear his character and ignite protests. Instead, their stated opposition was the danger that he posed to Roe v. Wade.
Nancy Pelosi called Kavanaugh “hand-picked from a list of radical nominees” who want to “dismantle” abortion “rights.” She added that “A vote for Judge Kavanaugh” would be “a vote to destroy Roe v. Wade.”
Chuck Schumer’s remarks during Kavanaugh’s nomination were particularly pointed, saying that he planned to oppose the then-nominee “with everything [he’s] got.”
Democrat Socialist Sen. Bernie Sanders put the plans of the Left right out in the open when he declared that they “must mobilize the American people to defeat Trump’s right-wing, reactionary nominee.”
And “mobilize the American people” they did! Those that did not so easily believe that Kavanaugh was the “evil enemy of all women” stood disgusted and outraged as the democrats spurred unrest and sought to break, smear, and destroy the life of a man they believed stood in their way.
Similar actions were taken during the nomination of Amy Coney Barrett following the death of Justice Ruth Bader Ginsberg. The Left attacked her for her faith, likening it to a cult comparable to “The Handmaid’s Tale.”
Democrats certainly were provoked by Barrett’s previous comments, in which she criticized the Supreme Court ruling on Roe V. Wade, calling it an “erroneous decision.”
One could speculate on Justice John Roberts’ reasoning for flipping (And there is credible evidence showing intimidation tactics used against him prior to his “streak” of Liberal rulings); however, it appears the Justice may simply have been quick to compromise.
The corrupt methods used to dissuade conservative Justices on the Supreme Court, specifically from ruling to overturn Roe V. Wade, appear to have been, sadly, quite effective.
That does not mean that God is not able to change and strengthen the hearts of the conservative justices on the Supreme Court.
In 2015, when the top court was set to rule on same-sex marriage, Franklin Graham urged that “the only hope we have is prayer.” Those words are just as relevant today.
“Imagine tens and tens and tens of thousands of Americans praying for God to hear their prayers and to change the hearts of these justices,” Graham implored Believers. “God just might do that.”
Over 60 million unborn children have been killed since Roe V. Wade became law. This has been a great stain on the United States, which Jonathan Brentner, in a recent article, stated does not go unnoticed by God.
“In America, we now have the most pro-abortion administration in our history. The horrors of the senseless murder of our most vulnerable grieve my heart,” Brentner wrote. “Will not the Lord hold our nation accountable as we continue to elect Congressman and Senators who not only actively promote abortion, but also refuse to outlaw infanticide for babies who survive the horrors of abortion? He absolutely will.”
“How much longer will the Lord’s patience endure in view of the senseless bloodshed and exceeding wickedness that grows worse by the day? How much more distress will we see before our departure from this world?” he asked. “I do not know the answer to these questions.”
“I am certain, however, that judgment is coming,” Brentner urged. “Evil people might enjoy success for a little while longer, but God will have the final word (Psalm 37:7-15). He always does.“
“Please know as believers, our hope rests in Jesus’ imminent appearing (Titus 2:11-14; John 14:1-3),” he asserted. “As we see God’s judgment start to fall on the nations of the world, we rest in His promise to deliver us before He pours out His wrath on the Christ-rejecting world (1 Thessalonians 5:9-10).”
“It would be very wrong to set a date for the Rapture, but one would be equally mistaken to assume that it will not happen in the very near future,” he added.
