Shapiro questions 'high hopes' for 'markedly unambitious' Barrett and Kavanaugh as SCOTUS ends term

Author Ben Shapiro is expressing doubt over whether Supreme Court Justices Brett Kavanaugh and Amy Coney Barrett will live up to conservatives' expectations – echoing concerns that have arisen since recent decisions.

"To be sure, they haven't engaged in David Souter-type liberal rulings, or Anthony Kennedy-style vacillation. But they have been markedly unambitious in their judicial approaches, most obviously in Fulton, which should have presented a clear opportunity to overrule Employment Division v. Smith, and in their unwillingness to accept the Barronelle Stutzman case." His comments were referring to two high-profile cases – Ingersoll & Freed v. Arlene's Flowers Inc. and Fulton v. City of Philadelphia – that have been closely watched by conservatives. Each touched on the conflict between religious liberty and the interests of same-sex couples while also providing opportunities for the court to deliver decisive wins to conservatives.