US liberals wonder if supreme court is making decisions based on law and history or their own right-wing agenda – The Irish Times
Disagreeing with the majority of her colleagues in a case last week on taxpayer funding and religious schools, liberal US supreme court justice Sonia Sotomayor expressed her worry:
With growing concern for where this court will lead us next, I respectfully dissent.
Perhaps it was a signal of frustration of what was to come. Two days later the top US court issued a ruling likely to make it harder for states to introduce gun controls and easier for those already in place to be challenged.
And then on Friday came the decision that shook both the countrys legal and political worlds the 50-year-old constitutional right to have an abortion was eliminated as the 1973 landmark case Roe V Wade was struck down.
The move delighted conservatives and religious groups who had been campaigning for it for decades.
For liberals there is now growing concern that the court appears to be moving increasingly to the right and they are worried where it may all lead.
The abortion ruling had been expected. It followed almost exactly a draft that had been sensationally leaked in May.
[Maureen Dowd: The radical reign of Clarence Thomas]
Police and politicians had been fearful of trouble. A man with a gun was arrested outside the home of one conservative judge a couple of weeks ago, leading to a tightening of security.
An eight-foot fence was erected around part of the supreme court building.
Conservatives, on the other hand, see the current supreme court as moving back to constitutionalism, towards interpreting the constitution in the manner, they maintain, was intended by its framers 200 or so years ago
Democrats, womens groups and liberals are furious. They see they have been outplayed by conservatives, evangelicals and republican politicians in a long-term game, spanning decades, to have the courts deliver measures that in all likelihood would never have passed through congress.
Some are now asking whether the court is making decisions for 330 million Americans based on law, precedent and history or whether a majority of justices have become essentially politicians in robes, pushing their own radical right-wing agenda because they happen to have the votes.
People protest outside the US court of appeals for the eleventh circuit in Atlanta, Georgia. Photograph: Elijah Nouvelage/Getty Images (Elijah Nouvelage/Getty)
The chairman of the Democratic national committee Jaime Harrison at the weekend described the supreme court as illegitimate.
Some senators have suggested they were misled by certain judges during their confirmation hearings on their real intentions.
Conservatives, on the other hand, see the current supreme court as moving back to constitutionalism, towards interpreting the constitution in the manner, they maintain, was intended by its framers 200 or so years ago.
[Roe v Wade ruling will enable abortion bans across more than 20 US states]
Conservatives believe that liberal judges had over recent decades made decisions that changed the face of the country based on implied or unenumerated rights that are not specifically spelled out in the constitution.
At the heart of Justice Samuel Alitos majority abortion ruling last Friday is that the 14th amendment protected only unwritten rights that were already understood to exist in 1868, when it was adopted.
Alito, however, argued other rights deemed to have stemmed from an evolving view of freedoms under the 14th amendment would not be in danger from this principle. Abortion was different.
In Ireland the 1983 referendum was followed by arguments over whether women should have the right to information on abortion services elsewhere and the right to travel to secure these. Liberals are certain that similar issues will now arise in the US ...
Abortion-rights activist Robin Gwak protests in front of the Supreme Court in Washington, DC. Photograph: Anna Moneymaker/Getty Images (Anna Moneymaker/Getty)
Liberals and even the president are not convinced.
They point to comments made by conservative justice Clarence Thomas who seemed eager to re-visit other social rights derived from the same source.
They fear Thomas was essentially inviting cases that could allow the supreme court to review contraception, same-sex relationships and same-sex marriage.
Some liberals contend that pro-life groups and Republican politicians had been aligned for years on a strategy of introducing increasingly hardline abortion legislation at state level in the hope that at least one legal challenge would make its way to the supreme court where the conservative majority could use it to revisit Roe V Wade just as happened last Friday.
The White House on Saturday said people should find Thomass comments chilling.
The courts majority last week also seemed to believe its ruling to leave abortion to politicians would take it out of the whole area for good.
However, the minority argued there would be years more of legal wrangling.
In Ireland the 1983 referendum was followed by arguments over whether women should have the right to information on abortion services elsewhere and the right to travel to secure these.
Under Trump the conservative Federalist Society enjoyed enormous influence over who would get on to the White Houses list of potential supreme court nominees
Liberals are certain that similar issues will now arise in the US as various states seek to implement their own abortion bans. They fear how the supreme court with its 6:3 conservative majority would address these issues.
Liberals have demanded that US president Joe Biden do something. They highlight the three key justices appointed by Donald Trump are all in their 50s and could serve for decades.
But simply appointing more supreme court judges to outvote the current conservative supermajority is not on Bidens agenda, the White House said on Saturday.
Liberals argue conservatives worked for years to stack the court.
This was the backdrop to the Senate republicans refusing to even contemplate a nomination process for Barack Obamas nominee Merrick Garland ostensibly on the basis that it was too close to an election and then reversing themselves to rush through a Trump nominee even closer to polling day in 2020.
Under Trump the conservative Federalist Society enjoyed enormous influence over who would get on to the White Houses list of potential supreme court nominees.
Due to the political manoeuvring on the part of Republican senators and happenstance, Trump had the opportunity to appoint three justices, all of whom have lifetime appointments.
Following the ruling last Friday Trump was quick to claim credit.
Todays decision, that is the biggest WIN for LIFE in a generation, along with other decisions that have been announced recently, were only made possible because I delivered everything as promised, including nominating and getting three highly respected and strong constitutionalists confirmed to the United States supreme court.
Abortion was not the only controversial supreme court ruling last week.
On Thursday it determined that there was a constitutional right to carry a handgun in public for self-defence.
In a separate case the supreme court ruled that if a state uses taxpayer money to pay for students attending nonreligious private schools, it must also use taxpayer funds to pay for attendance at religious schools.
Next week it is likely rule on another big case that could weaken the federal governments ability to combat climate change by regulating greenhouse gas emissions.
- Data Centers: The Issue Uniting Liberals and Conservatives - The New York Times - May 1st, 2026 [May 1st, 2026]
- Liberals, Conservatives haggle over a deficit that is both smaller and larger - CBC - May 1st, 2026 [May 1st, 2026]
- Liberals are pitching a brand new police agency for financial crimes. How would that work? - CBC - May 1st, 2026 [May 1st, 2026]
- Liberals on better-than-expected ground, plan to spend billions on skilled trades in economic update - CBC - May 1st, 2026 [May 1st, 2026]
- Ontario Conservative MP says Liberals tried and failed to get her to switch sides - CBC - May 1st, 2026 [May 1st, 2026]
- Sky News Australia. . Victorian Opposition Leader Jess Wilson says the Victorian Liberals will help deliver services to the residents of the Nepean... - May 1st, 2026 [May 1st, 2026]
- Conservatives accuses Liberals of blocking scrutiny into $300M program - Western Standard - May 1st, 2026 [May 1st, 2026]
- Liberals eye capital from airports, other assets to grow sovereign wealth fund - The Globe and Mail - May 1st, 2026 [May 1st, 2026]
- Liberals promising improved bottom line in today's spring economic update - CBC - May 1st, 2026 [May 1st, 2026]
- Letters to the editor: The Liberals think its a good idea to borrow yet another $25-billion. Letters to the editor for April 29 - The Globe and Mail - May 1st, 2026 [May 1st, 2026]
- Another MP leaving the Liberals as former minister Wilkinson takes EU post - CBC - May 1st, 2026 [May 1st, 2026]
- How will the Liberals solve the skilled trades shortage? - CBC - May 1st, 2026 [May 1st, 2026]
- Liberals table first fiscal document in seven years that wont need opposition votes - iPolitics - May 1st, 2026 [May 1st, 2026]
- Tories accuse Liberals of stifling public debate as committees move behind closed doors - Yahoo News Canada - May 1st, 2026 [May 1st, 2026]
- Legislation the Carney Liberals plan to change for economic update measures - The Hill Times - May 1st, 2026 [May 1st, 2026]
- Liberals unveil economic update with $37.5B in new spending - CBC - May 1st, 2026 [May 1st, 2026]
- Why the Victorian Liberals can't afford to lose this weekend's by-election - Australian Broadcasting Corporation - May 1st, 2026 [May 1st, 2026]
- Javier Blas: Now, even liberals want the world to drill for oil - Pittsburgh Post-Gazette - April 21st, 2026 [April 21st, 2026]
- Liberals and Nationals to preference One Nation in blow to Michelle Milthorpe in Farrer byelection - The Guardian - April 21st, 2026 [April 21st, 2026]
- Afternoon front page: Liberals vow action on international student overstays; choosing the ideal governor general; and more - Yahoo News Canada - April 21st, 2026 [April 21st, 2026]
- Top Links 1078 The stealth manufacturing boom in the US. How will the world pay for the US AI boom? The Xi Jinping school of journalism & the... - April 21st, 2026 [April 21st, 2026]
- Carneys Liberals Are Governing like ConservativesJust More Politely - The Walrus - April 21st, 2026 [April 21st, 2026]
- Shocking Inside Story of How the Liberals on Supreme Court Put Lives of Conservatives in Jeopardy - Megyn Kelly The Devil May Care - April 21st, 2026 [April 21st, 2026]
- Sunday Scrum | What will the Liberals do with a majority, and how will the opposition react? - CBC - April 21st, 2026 [April 21st, 2026]
- Ontario Liberals Introduce Bill to Ban Online Sports Betting Ads - Covers.com - April 21st, 2026 [April 21st, 2026]
- Gladus gift to the Liberals may turn out to be a Trojan horse - The Hill Times - April 21st, 2026 [April 21st, 2026]
- Liberals Love Making Fake Narratives about Trump - AM 870 The ANSWER - April 21st, 2026 [April 21st, 2026]
- Liberals Don't Want Trump to Win Against Iran - AM 870 The ANSWER - April 21st, 2026 [April 21st, 2026]
- Why the Liberals may pay a price for the party's increasingly big tent - National Post - April 19th, 2026 [April 19th, 2026]
- Senator bill calls on Liberals promise to expand veteran recognition - The Globe and Mail - April 19th, 2026 [April 19th, 2026]
- Liberals suddenly love the pope: Bill Maher - Washington Examiner - April 19th, 2026 [April 19th, 2026]
- VIDEO: Are Trumps policies spurring more Mass. liberals to turn to guns? - WGBH - April 19th, 2026 [April 19th, 2026]
- Liberals can rule again if they take a simple lesson from their defeat but Taylors Trumpian plan strays from the light - The Guardian - April 19th, 2026 [April 19th, 2026]
- Paul Keating statement in full: Angus Taylor has chosen to walk away from the Liberals best instincts on immigration - The Guardian - April 19th, 2026 [April 19th, 2026]
- Young Swiss liberals launch initiative to curb size of government - lenews.ch - April 19th, 2026 [April 19th, 2026]
- Letters to the editor: Five MPs have jumped ship to join the Liberals surely what is more surprising is that the number remains so low. Letters to... - April 19th, 2026 [April 19th, 2026]
- 'I don't see a huge shift in priority now that a majority has been obtained': Analyst on Liberals' - CTV News - April 19th, 2026 [April 19th, 2026]
- Keating attack: Liberals under Taylor have defaulted to racism - AFR - April 19th, 2026 [April 19th, 2026]
- Afternoon front page: Canada pays the price for Liberals' bad judgment; reassessing gender care; and more - Yahoo News Canada - April 19th, 2026 [April 19th, 2026]
- Politics Insider: By-elections expected to push Carney Liberals into majority territory - The Globe and Mail - April 19th, 2026 [April 19th, 2026]
- Why the Liberals may pay a price for the party's increasingly big tent - unpublished.ca - April 19th, 2026 [April 19th, 2026]
- Liberals in Talks with Three Quebec Conservative MPs to Bolster Majority in Parliament - thedeepdive.ca - April 19th, 2026 [April 19th, 2026]
- Liberals Gain Seat on Wisconsin Supreme Court, Adding to Firewall in Voting Cases - boltsmag.org - April 8th, 2026 [April 8th, 2026]
- Liberals Add to Edge on Top Wisconsin Court With Taylor Win (1) - Bloomberg Government News - April 8th, 2026 [April 8th, 2026]
- Liberals will try to expand their majority on the Wisconsin Supreme Court in a Tuesday election - channel3000.com - April 8th, 2026 [April 8th, 2026]
- Liberals expand majority in Wisconsin Supreme Court: 3 key takeaways from Tuesday's election night results - New York Post - April 8th, 2026 [April 8th, 2026]
- The Liberals add another floor crosser. What does that mean for the parliamentary math? - iPolitics - April 8th, 2026 [April 8th, 2026]
- Davis: Thats Why Liberals Always Lose Is a Cop-Out - The Dartmouth - April 8th, 2026 [April 8th, 2026]
- Conservative MP Marilyn Gladu crosses floor to Liberals - The Globe and Mail - April 8th, 2026 [April 8th, 2026]
- Liberals will try to expand their majority on the Wisconsin Supreme Court in a Tuesday election - Madison365 - April 8th, 2026 [April 8th, 2026]
- Liberals will try to expand their majority on the Wisconsin Supreme Court in a Tuesday election - WQOW - April 8th, 2026 [April 8th, 2026]
- Sarnia MP crosses the floor, federal Liberals now 1 short of majority government - CityNews Toronto - April 8th, 2026 [April 8th, 2026]
- We are fighting to win in Terrebonne, Liberals say, as government eyes majority - Toronto Star - April 8th, 2026 [April 8th, 2026]
- We need a global leader and that is Carney: Marilyn Gladu says after crossing floor to Liberals - CTV News - April 8th, 2026 [April 8th, 2026]
- 'We are fighting to win' in Terrebonne, Liberals say, as government eyes majority - CTV News - April 8th, 2026 [April 8th, 2026]
- Liberals ahead of Conservatives by 15 points as Canadians increasingly focus on jobs/the economy. (Nanos) - Nanos Research - April 8th, 2026 [April 8th, 2026]
- Conservative MP Marilyn Gladu crosses the floor to the Liberals - nationalpost.com - April 8th, 2026 [April 8th, 2026]
- 'We are fighting to win' in Terrebonne, Liberals say, as government eyes majority - Winnipeg Sun - April 8th, 2026 [April 8th, 2026]
- The need is there: Liberals ask why N.L. government ended Labrador Air Access pilot program - cbc.ca - April 8th, 2026 [April 8th, 2026]
- Another Conservative MP joins the Carney Liberals - iPolitics - April 8th, 2026 [April 8th, 2026]
- Conservative MP Marilyn Gladu crosses the floor to the Liberals - CTV News - April 8th, 2026 [April 8th, 2026]
- Conservative MP Marilyn Gladu crosses the floor to the Liberals - CP24 - April 8th, 2026 [April 8th, 2026]
- Liberals set to descend on Montreal to debate policy, talk campaign tactics ahead of high-stakes byelections - iPolitics - April 7th, 2026 [April 7th, 2026]
- After next Mondays by-elections, do you believe the federal Liberals will have a majority government? - CFJC Today Kamloops - April 7th, 2026 [April 7th, 2026]
- Donald Trump Aides Slam 'Deranged Liberals' For Making Up Rumor That The President Was Hospitalized This Weekend: 'Insane Conspiracy Theories' -... - April 7th, 2026 [April 7th, 2026]
- Release the virtual care contracts: PC health critic to Liberals - Telegraph-Journal - April 7th, 2026 [April 7th, 2026]
- Toronto ridings could give federal Liberals a majority in byelection - CityNews Toronto - April 7th, 2026 [April 7th, 2026]
- Toronto byelections: Doly Begum on her decision to leave the NDP for Liberals - CityNews Toronto - April 7th, 2026 [April 7th, 2026]
- Liberals Will Ignore Trump Rescuing Downed Pilots - AM 870 The ANSWER - April 7th, 2026 [April 7th, 2026]
- The Tories should beware the fate of Lloyd Georges Liberals - The Spectator Australia - April 7th, 2026 [April 7th, 2026]
- Up to 10 MPs in Talks to Cross Floor to Liberals, Bolstering Carneys Majority Push - thedeepdive.ca - April 7th, 2026 [April 7th, 2026]
- Liberals doomed at Victorian election if they try to become One Nation-lite, warns party boss - The Age - April 7th, 2026 [April 7th, 2026]
- Commentary: The LDS Church needs to keep its liberals in the fold for their sake and the faiths - The Salt Lake Tribune - April 5th, 2026 [April 5th, 2026]
- The Liberals need to show their defence math - The Globe and Mail - April 5th, 2026 [April 5th, 2026]
- Why Mark Carneys Canadian liberals are going to war with the Bible - The Telegraph - April 5th, 2026 [April 5th, 2026]
- Liberals Likely To Expand Majority on Wisconsin Supreme Court, a Bellwether for November - The New York Sun - April 5th, 2026 [April 5th, 2026]
- David Coletto: When we feel the world is unstable, we dont want to take any chances. Heres why thats good for the Liberals in three upcoming... - April 5th, 2026 [April 5th, 2026]
- Liberals and Their Didi Inside the Moral Collapse of Indias Secular Elite - HinduPost - April 5th, 2026 [April 5th, 2026]
- Rahm Emanuel tests 2028 run, vows to fight Trumps MAGA but also weak and woke liberals - Washington Times - April 5th, 2026 [April 5th, 2026]
- Secret health scare of conservative SCOTUS justice exposed as liberals fear Trump's court shake-up - MSN - April 5th, 2026 [April 5th, 2026]