This past week has not been kind to the exoteric progressive Left’s agenda. In quick succession, lefties have seen the highest court in the land hand them losses on religious school funding, gun control, voter ID, the repeal of Roe v. Wade, and then school prayer (and they could potentially take another L later this week in the case of West Virginia v. EPA). The thing about this is that these losses are not merely symbolic – as important as that would be in and of itself for undermining the Left’s carefully cultivated image of inevitability. Instead, many of these cases revolved around issues of substantive law and legal doctrine that the Left thought it had gotten settled decades ago, but which is now very much unsettled. As a result, the carefully constructed legal superstructure that progressivism had used the courts to build is being undermined.
