Within minutes of the Supreme Court handing down the birthright citizenship ruling on Tuesday and rising for its summer recess, its defenders were pointing to that decision (alongside the late-arriving mail-in ballots ruling on Monday and the tariffs ruling from February) as decisive proof that the Court really is “above politics,” and that criticisms of the justices for behaving more like politicians in robes than like judges are thus unfair. For a particularly thoughtful version of this claim, see Professor Will Baude’s opening response to the latest New York Times written roundtable about the Court with Baude, Professor Kate Shaw,
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