Conservatives don't own the nation's founding

https://www.ncronline.org/news/opinion/distinctly-catholic/conservatives-dont-own-nations-founding
Reality has a liberal bias. Sadly, Capitalism does not. It is more neo-liberal. The founding came because the capitalists of the day (who were also Masons) had no say in Parliament and it was too far away for them to be very effective. An interesting counter-factual exercise is to wonder what would have happened if they had been and if that model had been carried over to the entire British empire, but enough of that.

When the first American government, whose President was essentially the Speaker of the British Parliament (rather than the American), proved ineffective at creating an effective union, they Capitalists had a convention and created a government that would allow them to effectively protect their property rights while also being effective. Capitalism and the American system go hand in hand, which effects the law and the rulings of the Court, the plurality of which are unanimous and always in support of the Constitution and laws of the United States.

Equal protection and due process protections work in favor of both capitalism and individual freedom, which is a check on moralist majorities at the state level. Some would say they simply create a better cage, although in truth, the justice system has a bias for freedom for moralists. Gone are the days of Plessy and KKK membership on the Court. No justices marched in Unite the Right.

The main bone of contention on the civil rights side is affirmative action. This is the area where freedom and capitalism collide and Capitalism wins, partially because no good solution has been found to assure affirmative action that does not cramp the style of the system.

It is possible through use of random selection from the middling majority (after the excellent have been accepted and the unworthy culled). Sadly, this solution has not gotten much press. Neither has any method which could overturn or even occupy capitalism. Again, we have hopes that employee-owned firms will become both more democratic and offer their member-owners better toys in financing, housing and the selection of executives. To be continued.

The Federalist Society is a nice debating club, the real power over the judiciary is the American Bar Association. Indeed, the Society was created as a counter-weight to the American Bar Association, but the ABA rating is still the most important consideration in being a judge. All lawyers have to be members. For the most part, appointees to the Federal Bench are "Mainstream Conservative" meaning Capitalists with a decent appreciation of individual rights. Even the Democratic appointees are in that group. Outliers are usually culled, but not always.

Even the most conservative judges and justices followed the law and let Terri Schiavo die, despite her families fall hopes. Almost all of them (and after Justice Thomas dies or retires) consider Roe and Casey settled law, with all of them supporting gay rights and the power of the Courts to overturn state law on due process and equal protection grounds. Thomas and the notorious RBG are part of the dying breed that were not themselves Supreme Court clerks from the best law schools. No one from Ave Maria or Liberty will ever make it onto the Court and until Capitalism is replaced with Cooperation, the law will have a liberal (or rather neo-liberal) bias toward it.