Legal Progressives Have Lost That Lovin' Feelin'

Law & Liberty ^ | 21 Feb 2023 | MArk Pulliam

[Rummyfan]

Liberal law professors used to love the US Supreme Court. For half a century, they applauded activist decisions, proposed new theories of “noninterpretive” jurisprudence, and blew kisses to the Justices most responsible for steering the Court to the left—e.g., Earl Warren, William Brennan, William O. Douglas, and Ruth Bader Ginsburg. In books such as Gideon’s Trumpet (1964), the Warren Court’s novel decisions extending unprecedented procedural rights to criminal defendants were hailed as exemplars of wisdom and enlightenment. In a prior era, the job of “Supreme Court correspondent” for newspapers such as the New York Times and the Washington Post consisted of enthusiastic fandom—applauding every doctrinal innovation advanced by the liberal majority on the Court. This seductively-powerful flattery was dubbed the “Greenhouse Effect.”

Then, abruptly, the Left’s devotion to the Court turned sour. Seemingly overnight, liberals spurned the Court, reminding observers of the song “You’ve Lost That Lovin’ Feelin’.” After decades of devotion, progressives have lost their “lovin’ feelin’” for the Court. As the song goes, “Now it’s gone, gone, gone.” In contrast with their previous ardor, liberal Democrats are questioning the legitimacy of the Court and proposing court-packing schemes, term limits for Justices, and other measures that were once the province of conservative critics of judicial activism—measures that liberals formerly condemned as “threatening the independence of the judiciary.” What happened? Stated succinctly, the “rule of five”—Justice Brennan’s cynical shorthand for the number of votes needed to form a majority—has turned against progressives accustomed to having their way. To their considerable chagrin, President Donald Trump’s appointments flipped the Court.

[kiryandil]

In a prior era, the job of “Supreme Court correspondent” for newspapers such as the New York Times and the Washington Post consisted of enthusiastic fandom—applauding every doctrinal innovation advanced by the liberal majority on the Court. This seductively-powerful flattery was dubbed the “Greenhouse Effect.”

Also known on Free Republic as "Greenhouse Gas"...

[PeterPrinciple]

President Donald Trump’s appointments flipped the Court.

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Memories are very short...........................

[PeterPrinciple]

As the song goes, liberal Court watchers have “lost that lovin’ feelin’” and are now criticizing the “little things”—formerly overlooked—such as unsigned orders. The overheated rhetoric about the “shadow docket” is nothing but sour grapes over the fact that liberal hegemony on the Court is “gone, gone, gone.”

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concluding paragraph.

[READINABLUESTATE]

I think it started to shift when “Uncle Clarence” was confirmed.

[Beowulf9]

“President Donald Trump’s appointments flipped the Court…”

But there are those on FR that think he’s not good enough to elect.

[TigersEye]

There shouldn’t be any Legal Progressives. Outlaw them all!