“Conservative Leanings”

In a Wall Street Journal article centered on a Federal judge’s ruling against the FTC’s rule presuming to ban noncompete agreements between employers and employees, the author quoted Mark Goldstein of ReedSmith LLP who characterized the Supreme Court as having conservative leanings.

This is a misapprehension that’s all too widespread among both conservatives and liberals.

In fact, the Supreme Court does have, currently, a strong originalist/textualist bent. There’s nothing particularly conservative, or liberal, in originalism/textualism, though; there is only rule of law.

This core tenet of our republican democracy runs contra activist judges’ and today’s political liberals’ demand for rule by law. That demand is epitomized by the late Justice Thurgood Marshall’s proudly self-important statement that he rules and expects the law to catch up and by today’s Progressive-Democrat administration’s repeated attempts to cancel student debt after each of our courts’ repeated strikes of prior attempts as contrary to existing law.

Leave a Reply

Your email address will not be published. Required fields are marked *