Yea, I don't know nearly enough about these cases to have an opinion. But this is what strategic differential vigor would look like: lots of cases like that, slanted toward one party, with each case having a plausible justification, yet in aggregate being hard to defend. But I have no idea if there actually is such a slant (rather than there being a similar number of cases in the opposite direction).
Exactly. I meant to include exactly this. Thanks again for the links. I did see that the author of one of the articles, Wendy Kaminer, used to work at the ACLU and does make claims of ethical decline at the ACLU.
Her 2009 book Worst Instincts: Cowardice, Conformity and the ACLU critiques what she regards as the ACLU’s ethical decline, ideological hypocrisy, and descent into groupthink.
> In 2003, during her tenure on the national board, she became a strong critic of the ACLU leadership and was centrally involved in a series of controversies that culminated in a highly publicized effort to prohibit board members from criticizing the ACLU.