A False Pretense of Judicial Modesty

[Nevilledog]

https://www.theatlantic.com/ideas/2026/06/supreme-court-precedent/687739/

No paywall link
https://archive.li/UxGRI

“As societies grow decadent, the language grows decadent, too,” Gore Vidal wrote in 1986. “Words are used to disguise, not to illuminate, action: you liberate a city by destroying it.”

In recent days, the Court’s conservatives have issued one ambitious opinion after another. They expanded President Trump’s powers to fire independent regulators, rescind deportation protections, and turn away asylum seekers; weakened state authority to enact gun control; narrowed the ability of religious minorities to vindicate their free-exercise rights; eroded the due-process rights of green-card holders; and handed big wins to multinational oil and tech companies.

Yet anyone not paying close attention would likely miss the Court’s radicalism. The justices’ language in most cases obscured their opinions’ effects; the word decadent fits. Using invocations of precedent to disguise rather than illuminate, the conservative justices pretend to preserve what they are overturning.

This duality—sweeping remaking of law presented as continuity—has become a hallmark of the Roberts Court.

Precedent matters. The idea is so axiomatic to the legal system that stating this risks condescension. But the basics are worth restating: Precedent—and the legal doctrine of following it, what scholars and judges call stare decisis—constrains a given judge’s discretion. It also fosters predictability, fairness, and stability in the legal system, allowing society to order its affairs with some confidence about the law.

*snip*

[Solly Mack]

1. K&R!

[dlk]

2. The conservatives on the court like to cherry pick precedent

They consistently pick and choose which precedents are to their liking and fit their extremist agenda. Otherwise they blatantly ignore precedent and legislate from the bench, essentially making up law as they go along.

[J_William_Ryan]

3. "Precedent matters."

It does – but not to the Roberts Court.

Instead, this conservative Court fosters the absence of predictability, fairness, and stability in the legal system, facilitating societal disorder and conflict devoid of confidence about the law.