TIME

The Supreme Court’s new modesty

Pro-choice activists rally outside the court June 27 after it ruled against a Texas abortion law

THE PLAN, HATCHED BY SENATE Republicans after the unexpected death of Justice Antonin Scalia in February, was to make the presidential election into a referendum on the future of the Supreme Court.

But the court has not cooperated.

Given multiple chances to stir up a ruckus at the end of the term, the eight Justices used a mixture of strategic silence and status quo rulings

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