So Thomas, Alito and Gorsuch were in error?
Thomas said, “Some tenuous connection to a politically fraught issue does not justify abdicating our judicial duty," Thomas wrote. "If anything, neutrally applying the law is all the more important when political issues are in the background."
I believe this, and it's corollary that a politically fraught issue should not be taken up merely for that, are true. Everyone here is rending their clothes over abortion, when this case is about how much control states have over spending federal funding. It's only peripherally about the odious Planned Parenthood.
We don't like it when liberal judges legislate form the bench, so we shouldn't like it when conservative ones do it. Kavanaugh has been right in basic law on both of the decisions for which he has taken heat. This is Congress's purview.