“Scholarly writing” means making crap up as they go along on the modern courts. It means continuing in the tradition of betrayers to their oaths of office like FDR’s own Justice Roberts.
Yes. A major purpose of a Progressive Supreme Court is to justify violations of the Constitution by the legislature and executive branch.
Another major purpose is to make up law that Progressives want that cannot pass the legislature.
A Third major purpose is to use the Constitution to strengthen Progressive institutions. All the major increases in First Amendment protections from the Court happened as Progressives took over all the major media.
Now, as there is some Conservative media, the First Amendment is falling out of favor with Progressives.