'The Court remains a profoundly counter-democratic body,' writes Aziz Huq
, and religious compliance with the civil rights law. None, however, depended on sudden, large jumps in the law. A more cautious, more legalistic tribunal seemed at work. The Justices seemed in first gear, not turbo mode.
Take the Court’s decisions on affirmative action and student debt. Both will of course reverberate widely, closing pathways for upward mobility and increasing the transmission of inequality across generations. But both also could claim some basis in precedent: The affirmative action case, for example, drew on ideas that earlier 2003 opinions involving the University of Michigan. The Chief Justice could, not entirely without cause, chide his dissenting colleagues for ignoring prior decisions.
Yet, the underlying partisan tilt of the Court remains unmistakable. While they rebuffed Republican efforts to get federal and state laws preserving democratic competition, the Justices advanced policy goals on affirmative action, religious rights to resist general law, and debt relief that the Republican caucus cannot plausibly enact via democratic methods.
Similarly, while both cases involving the right of religious people to resist general rules seem narrowly drawn, both will likely contain multitudes in the end. A seemingly narrow decision requiring employers to accommodate religious beliefs, for instance, is likely to spawn a wide range of new efforts to “As a result, what might seem like a return to moderation is merely a stalling tactic. The same results will be reached—just give it five or ten years.
Belgique Dernières Nouvelles, Belgique Actualités
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