The Supreme Court has been a big disappointment for conservatives who were expecting that Trump’s appointees would deliver some long-awaited victories. Even Trump himself has lamented that his judges have not gotten things done as he had hoped. The most recent surrender by the Roberts Court was when it refused to get involved when an activist judge allowed a female transgender student to use the boy’s bathroom.
Even Gorsuch Was MIA
It takes four judges to agree to hear a case. Otherwise, the decision of the lower court stands. Here, only stalwart judges Clarence Thomas and Samuel Alito voted to review the lower court decision written by a liberal judge.
Even the normally reliable Neil Gorsuch did not vote to review the case. Now, the hands-off approach to bathroom cases threatens to turn the matter on its head. Same-sex bathrooms are at risk when everyone is allowed to use the restroom that they choose.
The Roberts Court Turns Cowardly Very Quickly
This is just the latest disappointment from this so-called conservative court. The Supreme Court has been walking on eggshells, trying to avoid anything that may be considered “legislating” from the bench. There are now fears that this approach may extend to other conservative priorities, such as striking down Roe v. Wade and affirmative action. Leave it to a Bush appointee to shepherd the court to a “do no harm” approach as opposed to applying the law.
In the latest bathroom case, the Supreme Court did nothing when a liberal judge turned precedent on its head to avoid taking the strong position that the law requires. Certainly, President Trump is shaking his head that Brett Kavanaugh and Amy Coney Barrett are betraying conservative ideals in their early terms in office.