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America’s Constitution is conservative, like it or not

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Conservatives are, by and large, thrilled by the Supreme Court’s recent decisions. It has expanded its conception of gun rights that states have to respect, and ruled that states have to include religious schools in voucher programs. It has also allowed states to ban abortion. All of this before the court has even ended its current term.

We conservatives say that we favor these decisions not just because we favor the policy outcomes, but because they were right on the law. They reflect the text of the Constitution as its provisions were originally understood by the ratifying public.

We go on to say, typically, that a conscientious judge should not make rulings about the law with their policy preferences in mind. They should not, that is, confuse what the law says with what they think it should say.

It has not escaped the notice of progressives, though, that conservative legal decisions and conservative policy victories often go hand in hand. It is a pattern that makes them think that conservatives are lying, maybe even to themselves, when they boast about their “neutral” judicial methodology. The conservatives on the court are acting, they say, like conservative politicians who happen to be wearing robes. They are advancing conservative policy goals while putting progressive ones further out of........

© Olean Times Herald

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