Commentary For decades, going back at least as far as the 1973 Roe v. Wade decision that concocted a constitutional right to abortion, conservatives have placed a great emphasis on winning back culture war ground through judicial nominations. As a consequence of that, Republicans have consistently told political pollsters that the Supreme Court is their top voting issue at a far higher clip than Democrats have. The Court, for instance, was certainly the decisive issue in the hotly contested 2016 presidential election. As the current Court term winds down—one featuring a putative 6-3 “conservative” majority, including three new nominees of former President Donald Trump—it is worth taking stock of where the long-term project to make cultural inroads by way of the judiciary stands. We can do so by considering two of this term’s highest-profile cases, the politically charged Obamacare case of California v. Texas and the culturally charged religious liberty …
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