Advisory Opinions The Conservative Warren Court of Today
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Jan 13, 2026 Harvard Law School professor Richard Ray, a prominent legal scholar, discusses the intriguing evolution of the Supreme Court, likening it to a conservative Warren Court. He explores the historical context of judicial decisions and the significance of swing justices. Ray delves into the dynamics of originalism, textualism, and the changing interpretations of stare decisis. The conversation also highlights the emergence of common good constitutionalism and critiques the court's contemporary role in reinforcing or challenging power structures, paying particular attention to its relationship with wealth and democracy.
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Court Power Reversal Drives Methodology Shift
- Richard Ray argues the current Supreme Court functions as a "conservative Warren Court" because conservatives now hold institutional power that previously enabled liberal discretion.
- That power shift produces a methodological reversal where conservatives adopt discretionary impulses while liberals emphasize constraint.
Swing Justices Made The Court Less Partisan
- Richard Ray describes the swing-justice era centered on justices like Anthony Kennedy who produced unpredictability and cross-ideological decisions.
- He credits that period with reducing partisanship by forcing advocates to engage distinct jurisprudential views rather than raw politics.
Stare Decisis Shifts With Who Holds Power
- Stare decisis allegiance has flipped: conservatives once championed it against the Warren Court but later defended Roe, and now conservatives lead on overruling precedents culminating in Dobbs.
- The ideological stance on precedent tracks who holds power, not fixed principles.