HAMMER: Kavanaugh And Gorsuch Have Issues. But John Roberts Remains The Court’s Biggest Problem For Conservatives.

Another disappointing U.S. Supreme Court term came to an end a few weeks ago. From a conservative perspective, it is exceedingly difficult to find much with which to be enthralled. With the laudable exception of partisan gerrymandering — and the possible additional exception of the Fifth Amendment’s Takings Clause — there was very little in the way of doctrinal jurisprudential goalpost-shifting toward a more authentically originalist direction. Many high-profile conservative outcome victories, such as the key First Amendment Establishment Clause case of the Bladensburg “peace cross,” did not result in an actual doctrinal shift wherein the Court overthrew an outmoded, unworkable precedent (Lemon v. Kurtzman, in the case of the Bladensburg “peace cross” case). Similarly, anti-administrative state activists could not even get the milquetoast precedent of Auer v. Robbins — which requires federal courts to defer to a regulatory agency’s reasonable reading of its own ambiguous regulation — overturned.

And the Left would have us believe that this big, scary Court, as presently constituted, would overturn Roe v. Wade? Please.