Preview: SCOTUS to Decide Landmark Cases This Term

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Facts

  • On Monday, the new term for SCOTUS will begin with several landmark cases expected to be argued and decided during the court’s nine-month term. The court convenes in the face of a Gallup poll released last week that said 58% of Americans disapprove of the job SCOTUS is doing - the worst rating since 2000.
  • The court, which has a 6-3 conservative majority since former Pres. Trump made three lifetime appointments during his term, proved its tilting to the right with rulings that ended the constitutional right to abortion, and expanded gun rights last term.
  • Pres. Biden’s first appointee, Ketanji Brown Jackson – the first ever Black woman justice – will take her spot on the bench. First up on the docket will be Sackett v. EPA, an environmental case that could limit the scope of the Clean Water Act of 1972.
  • Among race-related cases, SCOTUS is expected to hear arguments for: Students for Fair Admissions v. Harvard, and Students for Fair Admissions v. UNC - both cases about race-conscious admissions at universities; Merrill v. Milligan, a challenge to the Voting Rights Act and its relation to an Alabama electoral map; and Haaland v. Brackeen, a challenge to the constitutionality of the Indian Child Welfare Act of 1978.
  • In Moore vs. Harper, the court is expected to decide the breadth of power state legislatures have in election-related issues without being hindered by state courts.
  • Another high-profile case, 303 Creative LLC v. Elenis, will decide whether an artist can receive an exemption from the Colorado Anti-Discrimination Act to avoid creating pieces that are in opposition to beliefs, specifically same-sex marriage in this case.

Sources: New York Times, Reuters, and FOX News.

Narratives

  • Republican narrative, as provided by Townhall. If the last SCOTUS term wasn’t enough of a series of victories for conservative values, this upcoming term promises to provide even more reasons to rejoice. Based on the SCOTUS' past willingness to hear certain cases, unfair affirmative action policies will likely be abolished, and freedom of religion upheld.
  • Democratic narrative, as provided by AlterNet. America’s trust in SCOTUS has never been lower. This is because of the court’s willingness to ignore precedent, and in some cases, compelling facts, to make ideological rulings. There might be more conservative victories in this term, but those decisions will continue to erode the court’s legitimacy – a scary prospect for the American people.