Overturning Roe v. Wade and affirmative action in higher education had been leading goals of the conservative legal movement for decades.
“I don’t think the court consciously takes opinion into account,” Grove said. “But I think if there’s anyone who might consciously think about these issues, it’s the institutionalist, the chief justice. He’s been extremely concerned about the attacks on the Supreme Court.”
Some conservative law professors rejected the idea that the court bowed to outside pressures, consciously or otherwise. Levey said conservatives “were not disappointed by this term.” Democrats and their allies “warned the nation about an ideologically extreme Supreme Court but wound up cheering as many major decisions as they decried,” Levey wrote in an email.
The justices are now embarking on a long summer break. They return to the bench on the first Monday in October for a term that so far appears to lack the blockbuster cases that made the past two terms so momentous. The conservative majority also will have opportunities to further constrain federal regulatory agencies, including a case that asks them to overturn the so-called Chevron decision that defers to regulators when they seek to give effect to big-picture, sometimes vague, laws written by Congress. The 1984 decision has been cited by judges more than 15,000 times.
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