The Supreme Court's conservative majority has issued a series of consequential rulings that legal scholars say fundamentally reshape American law while claiming to preserve existing precedent, according to a new analysis published in The Atlantic.

Stanford Law's Duncan Hosie ...examines recent decisions affecting executive power, immigration, gun regulation, voting rights and corporate liability. The analysis argues that the Roberts Court has developed a pattern of presenting sweeping legal changes as routine applications of established doctrine.

"Using invocations of precedent to disguise rather than illuminate, the conservative justices pretend to preserve what they are overturning," Hosie writes, characterizing this approach as a "hallmark of the Roberts Court."

The analysis examines how the Court's treatment of precedent affects public trust in judicial institutions and the predictability of American law.

A False Pretense of Judicial Modesty

The Supreme Court is remaking the law while claiming to preserve the status quo.

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Stanford Law Professor Jeff Fisher examines the Supreme Court's transformative 2026 term in the latest episode of Stanford Legal.

Fisher, who co-directs the Stanford Supreme Court Litigation Clinic with Professor Pam Karlan, analyzes landmark rulings on executive power, birthright ...citizenship, voting rights, and Fourth Amendment digital privacy protections.

The discussion explores how the Court is reshaping constitutional interpretation through its expanding reliance on history and tradition as analytical frameworks.

Fisher and Karlan, both leading Supreme Court practitioners who regularly argue before the justices, offer insider perspectives on tensions between the judicial and executive branches and what these decisions signal for the future of constitutional law.

Listen to gain expert insight into one of the most consequential Supreme Court terms in recent memory. https://brnw.ch/21x49xD