“We are a court of law, not policymakers,” Justice Neil Gorsuch admonished his colleagues in late December, as he dissented from the majority’s latest incursion on immigration policy at the southern border. Their actions in a series of pending cases, reaching out for issues before they’ve been aired in lower courts and taking precipitous steps on culture war dilemmas, demonstrate that they will continue to defy norms and the usual judicial bounds.
But now into 2023, the six conservative justices are plainly positioned to remake the law across the board. The Supreme Court’s reversal of abortion rights last year deviated so much from traditional decision-making that it might have soon appeared an aberration.
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