SCOTUS Keeps Marching Right

🌈 Abstract

The article discusses the recent and upcoming rulings by the conservative-leaning Supreme Court, which are expected to have significant impacts on various aspects of American society, including the rule of law, racial gerrymandering, gun regulations, federal agency authority, abortion access, and the prosecution of former President Trump.

🙋 Q&A

[01] Devastating Blows to the Rule of Law

1. What are the key Supreme Court rulings that have already dealt devastating blows to the rule of law this term?

• The Court deactivated the plain meaning of Section 3 of the 14th Amendment, which bans anyone who engaged in insurrection or rebellion against the Constitution from holding federal office.
• The Court made racial gerrymandering much easier by tossing out a lower court ruling that found South Carolina had illegally used race to cement Republicans' majority in the state's congressional delegations.
• The Court struck down an ATF regulation that interpreted "machineguns" to include bump stocks, making it easier for mass shootings to occur.

[02] Potential Damage to Federal Agency Authority

1. What is the Chevron decision, and how might the Court's expected rulings in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce impact federal agency authority?

• The Chevron decision held that federal agencies get the benefit of the doubt when interpreting ambiguous statutory language they are tasked with interpreting.
• If the Court discards Chevron, as expected, it will significantly reduce the regulatory power of federal agencies, transferring that power to unelected federal judges and Supreme Court justices.

[03] Other Significant Upcoming Rulings

1. What are some other major cases the Court is expected to rule on this term?

• Whether emergency rooms in states with strict abortion bans must deny pregnant women emergency abortions that could have life-altering consequences.
• Whether a federal law banning individuals with domestic-violence restraining orders from owning guns survives the Court's new Second Amendment test.
• Whether the Biden administration is barred from contacting social media companies about misinformation and disinformation under the First Amendment.
• Whether to dismantle the Purdue Pharma bankruptcy settlement to allow civil lawsuits against the wealthy Sackler family.
• Whether Donald Trump is constitutionally immune from federal prosecution for his involvement in the January 6th insurrection.