Roberts and Kavanaugh Issue a Surprise Warning Shot to Conservative Lawyers

 https://slate.com/news-and-politics/2022/09/roberts-kavanaugh-lgbtq-yeshiva-shadow-docket.html

The Supreme Court divided 5–4 in a clash over religious liberty and LGBTQ equality on Wednesday, forcing Yeshiva University to stop discriminating against a gay rights group on campus. But the majority’s order had little to do with this culture war skirmish. It was, rather, a rebuke of Yeshiva—and specifically, its overeager lawyers—for racing to SCOTUS after losing in the lower courts because of their own errors. Chief Justice John Roberts and Brett Kavanaugh did not side with the three liberals against the university because they think gay students deserve equal treatment. They did so because Yeshiva brazenly abused the court’s shadow docket on the assumption that it would get special treatment. It was an understandable gamble. But it failed.