Professor envisioned a legal revolution. It happened, but not how he thought

A professor envisioned a legal revolution, and the moment arrived, albeit not as he anticipated. The conservative legal movement spent decades steering the courts to the right, culminating in triumph after Donald Trump appointed three Supreme Court justices and hundreds more to the lower courts. The article traces how this shift reshaped discourse and institutional power, challenging liberal constitutionalism and prompting new debates about strategy and reform. It highlights the contrasting forecasts of theorists like Tushnet, who warned of long-term resistance, and the practical reality of a right-leaning judiciary now in place.

Tushnet’s response, described here, emphasizes an assertive liberal project. He championed a more muscular liberal constitutionalism and urged the left to prepare lists of cases to be overruled at the first opportunity and to exploit ambiguous precedents to advance reform. He also proposed replacing symbolic models with liberal icons and suggested stopping the courting of Anthony Kennedy. The article portrays a charged view of how legal strategy evolves after power shifts, including how opponents are framed and engaged.