It is patently clear now (if it weren’t all the way back to the dueling historical narratives in Heller) that this is an exercise in bad history and cherry-picking. Why pretend otherwise? Those now ascendant didn’t indulge the old majorities by using their frames when dissenting and instead used them to build a cadre of fellow travelers.

Conservative Supreme Court Justice Amy Coney Barrett stunned veteran bench watchers Friday with a blunt takedown of liberal Justice Ketanji Brown Jackson’s “extreme” dissent in the landmark birthright citizenship case in which the Supreme Court curtailed lower court use of nationwide injunctions.