Opinion | Republicans Have an Agenda All Right, and They Dont Need Congress for It – The New York Times

Similarly, in the 2014 case Burwell v. Hobby Lobby, the Supreme Court held that businesses seeking a religious exemption from a law may have it holding, for the first time, that such exemptions may be allowed even when they diminish the rights of others. That case permitted employers with religious objections to birth control to deny contraceptive coverage to their employees, even though a federal regulation required employer-provided health plans to cover contraception.

Before Justice Amy Coney Barrett joined the Supreme Court, however, a majority of the justices were very reluctant to grant religious exemptions to state regulations seeking to limit the spread of Covid-19. Yet after she became a justice, the courts new majority started granting such exemptions to churches that wanted to defy public health orders.

Its plausible that the Republican Party did not campaign on its old legislative agenda in 2020 because it was busy rebranding itself. Under Mr. Trump, Republicans attracted more working-class voters, while Democrats made gains in relatively affluent suburbs. So Mr. Ryans plans to ransack programs like Medicaid arent likely to inspire the partys emerging base.

And yet the courts conservative majority is still pushing an agenda that benefits corporations and the wealthy at the expense of workers and consumers.

Its easy to see why government-by-judiciary appeals to Republican politicians. Theres no constituency for forced arbitration outside of corporate boardrooms. But when the court hands down decisions like Circuit City or Epic Systems, those decisions often go unnoticed. Employers score a major policy victory over their workers, and voters dont blame the Republican politicians who placed conservative justices on the court.

Judges can also hide many of their most consequential decisions behind legal language and doctrines. One of the most important legal developments in the last few years, for example, is that a majority of the court called for strict new limits on federal agencies power to regulate the workplace, shield consumers and protect the environment.

In Little Sisters v. Pennsylvania (2020), the court signaled that its likely to strike down the Department of Health and Human Servicess rules requiring insurers to cover many forms of medical care including birth control, immunizations and preventive care for children. And in West Virginia v. E.P.A. (2016), the court shut down much of the E.P.A.s efforts to fight climate change.

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Opinion | Republicans Have an Agenda All Right, and They Dont Need Congress for It - The New York Times