Justice Barrett’s Critics Have Abandoned Conservatism. She Has Not

Earlier this year, Elon Musk asked why Democrats could always count on their appointed Supreme Court justices to rule for their side while Republicans could not. There are two answers to that question. First, for decades, conservatives have watched with frustration as several Republican-appointed justices have abandoned conservative legal principles after their confirmation to the Court, originating the old joke that Republicans need all nine appointments to the Supreme Court to have a 5–4 majority. Second, because conservative justices rule on principle, not a desired political outcome, they will sometimes come to decisions that are inconsistent with conservative policy preferences.

President Trump’s appointments, Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, well respected by Federalist Society members, fall into the second category, having almost always applied conservative legal principles in their decisions. Yet, some MAGA influencers have taken to criticizing Justice Barrett because her rulings do not always align with the president’s desired outcome.