[rayiner]

They’re not at odds in the same way as Democratic subgroups, but they are meaningfully in conflict and the divisions are growing bigger. Social conservatives, in general, would be willing to give a lot more on economic/regulatory issues, in order to make meaningful progress on social issues. Indeed, many chafe are the restrictions of a small-government platform that limits government power to shape society. Pro-business conservatives, by contrast, are wedded to limited government. And they see social conservative positions as a liability in a modern corporate climate. (Issues like immigration, abortion, and same-sex marriage are why many Wall Street types have switched to the Democratic Party in recent years.)

I saw a remarkable illustration of this at a conservative event where a panel was discussing Bostock before the case was decided. The room was evenly divided, but with very strong opinions on both sides. There is a seed of a real conflict there. Textualism isn’t a robust foundation for the kind of broad structural changes social conservatives want. You need the conservative counterparts to liberal judges, who seek to vindicate broader principles gleaned from the law (except here to conservative ends).