There are exceptions to the rule, but in the short term, it is usually the loser of a Supreme Court case that accrues political momentum. I guess this is because grievance motivates better.
Today there were two decisions. Affirmative action lives another day and immigration reform is held back.
The likely politics of this? Latino voters get the message loud and clear once again that a vote for Republicans is vote against them. To be honest, I’m not even sure how much this pushes the margins since Latinos who will vote will already likely vote against Trump, but it may help with turnout and/or downballot.
But Republicans will be allowed to continue their assault on affirmative action, which, while a bit stale and perhaps not as personal as the immigration reform issue is, still plays into the politics of white grievance.
To be clear, I’m not talking about what the good outcomes were or ought to be. I’m looking at everything through the lens of the Presidential election. Which, though perhaps a bit cynical, is relevant here since the winner will tip the balance on the Court itself.