A weekly accounting of the rogues and scoundrels of American politics
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It seems like only a few weeks ago that I devoted an edition of this newsletter to the Supreme Court and the battle to preserve our democracy. It wasn’t a topic to which I thought I’d be returning so soon, but recent events have forced my hand. As you no doubt heard, President Trump endured a rather rough week at the hands of the Supreme Court he remade in the Federalist Society’s image. A 5–4 decision on Thursday preserved the tenuous citizenship of several hundred thousand Deferred Action for Childhood Arrival program recipients, forcing Trump to come up with a new way of ending DACA that can pass judicial muster.
 
More notable than that, however, was the 6–3 decision earlier in the week that LGBTQ Americans are entitled to anti-discrimination protections enshrined in Title VII of the Civil Rights Act of 1964. It was more than anyone had the right to expect from this Supreme Court, and the surprise of the news was only compounded by the fact that the majority opinion was authored by Justice Neil Gorsuch—the golden boy who, for many conservatives, was supposed to symbolize the bounteous payout for selling out to Trump in the first place. For those who backed the cause of the LGBTQ community, it was a joyous occasion.
 
But it’s possible to take a celebration too far—like hawking an “I’m gay for Gorsuch” T-shirt. Merrick Garland was supposed to have that seat! The matters before the court this week, which had thousands of Americans waiting to exhale a held breath, weren’t supposed to be in this much doubt.
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How soon we forget about Gorsuch’s lesser moments. His first major opinion for the Supreme Court was a majority ruling in Epic Systems vs. Lewis that effectively allowed employers to steal wages from workers. He is also of the opinion that the Eighth Amendment “does not guarantee a prisoner a painless death.” He was in the majorities that decided Trump v. Hawaii, which upheld the president’s right to ban Muslims from entering the United States, and Rucho v. Common Cause, which eradicated the judiciary’s power to stop partisan gerrymandering. But perhaps the most important thing to remember about Gorsuch is that he is a true radical when it comes to envisioning the future of American governance and in the specific ways in which he interprets long-enshrined legal doctrines. He has encouraged the dismantling of the administrative state and kneecapped the ability of liberals to govern as liberals.
 
As TNR’s Matt Ford summed up back in January, the ideas that Gorsuch put forward in his mostly overlooked opinion in Gundy v. United States herald “a monumental shift in how the courts, and especially the Supreme Court, treat the administrative state.” Gorsuch’s judicial vision would enable conservatives to constantly stymie “progressive efforts to reform health care and tackle climate change by stripping agencies of their ability to act with discretion and perform the nuts-and-bolts aspects of their work.” If you’re wondering why Gorsuch came down on the side of the liberal justices on Monday on the matter of LGBTQ rights, one should consider the possibility that his ruling in that case doesn’t uniquely damage his grander ambitions.
 
It’s true that Gorsuch’s decision dealt a setback to some of the conservative legal movement’s significant judicial projects, but it’s far too soon to declare him the next David Souter. Next week’s decision in June Medical Services v. Russo, which may further enable opponents of abortion to deploy what is known as targeted regulation of abortion providers, or TRAP laws, could easily result in conservatives’ forgiveness of Gorsuch. In the weeks and years and even decades to come, he will have plenty of opportunities to complete the conservative takeover of American democracy. He got where he is today because of an expression of maximal Republican power. Never doubt that he’ll pay his debts.

—Jason Linkins, deputy editor

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Law and order has been a singular focus of TNR’s politics section this week. Besides the goings on at the high court, there is action at the street level, as well, as Black Lives Matter protests and critiques of the police remain at the front of many Americans’ minds. Alex Pareene imagines what can be done when a police department forfeits its right to exist, while Libby Watson tries to understand why the police, at a moment when the world is watching, keep telling lies about service-sector workers. With the country still reeling from the coronavirus pandemic, Adam Weinstein explores the role Florida Governor Ron DeSantis has played in turning the Sunshine State into a global hot zone. Kate Aronoff reports on the pressure Joe Biden is facing to assemble a team best suited to take on the climate crisis. Walter Shapiro has the story on the trouble that Trump is having with his own team. And as far as teams of rivals go, you can’t beat Trump and John Bolton—Matt Ford has all of those gory details.

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