A funny thing happened on the way to the supposedly partisan Supreme Court finishing its term: It ruled for the Biden Administration on immigration. Somehow that case isn’t making the dastardly hit list of those eager to declare that the Court is now “illegitimate,” but the Justices applied the law regardless of the policy and decided for the executive branch.(See nearby for elaboration.)
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This isn’t a partisan Court looking for preferred policy outcomes. It’s a Court that hews to the tenets of originalism, with different shades of emphasis by different Justices. The Court’s jurisprudence is focused more than anything else on who under the Constitution gets to decide policy, not what that policy should be.
