How Right-Wing Is SCOTUS?

Andrew Sullivan —  Jun 27 2012 @ 8:25am

Jonathan Bernstein defends the justices:

The truth is that (as the decision in the Arizona case should remind us) the current Court is certainly not simply the legal equivalent of the Sean Hannity, no matter how many crazed partisan rants Scalia might indulge himself in. We might get there in the future (or not), and we might get some decisions that sure look very partisan, but that's not where we are now. It's simply not true that there are five solid votes (or even four solid votes) for whatever wacky, ad-hoc legal theories GOP spinmeisters come up with.

Yes, four of those Justices are strongly conservative by all measures, but there is a real difference between supporting a long-standing judicial program and simply doing whatever the short-term partisan preferences of the Republican Party might be, even though those things will naturally (and quite legitimately) overlap much of the time. I do believe that Bush v. Gore was decided on ad-hoc partisan grounds…but that's 12 years ago already, and I don't think that anything since then shows that the Court's conservatives are merely partisan hacks.

Fallows had a much different view.