Supreme Court's Conservative Supermajority Flexes Its Power, Challenging Federal Agencies and Executive Branch

The 2023-2024 term of the Supreme Court marked a significant shift in the conservative supermajority's power, with justices boldly tossing aside a 40-year-old precedent, limiting federal agencies' regulatory authority, and expanding presidential power. The term will be remembered for its rulings involving former President Donald Trump, including the unanimous decision to keep him on the ballot, despite him facing trial for allegedly interfering in the 2020 election. However, other cases also resulted in major shifts, including the court's limitations on prosecutorial power in a case involving accused rioters and its blockage of an ambitious Environmental Protection Agency (EPA) initiative targeting interstate air pollution.

Key Takeaways:

• The Supreme Court's conservative supermajority, led by Chief Justice John G. Roberts Jr., has significantly expanded presidential power and limited the regulatory authority of federal agencies in the 2023-2024 term.
• The court has tossed aside the 40-year-old precedent known as Chevron, requiring judges to defer to federal agencies in implementing laws that protect the environment, financial markets, the workplace, and drug safety.
• The court has also limited prosecutorial power in a case involving accused rioters who attacked the U.S. Capitol on Jan. 6, 2021, and blocked an ambitious EPA initiative targeting interstate air pollution.
• Justice Amy Coney Barrett has emerged as a swing vote, siding with Chief Justice Roberts and Justice Brett M. Kavanaugh in nearly every high-profile case.
• The court's conservative supermajority has been bold in pushing back against what the six Republican nominees see as federal agency overreach and the unwarranted expansion of the administrative state.
• Public confidence in the high court remains at historic lows, with seven in 10 Americans thinking the justices make decisions based on their own ideologies rather than serving as independent checks on the government.

Statistics:

• 11 cases involving 6-3 ideological voting, including contentious cases involving the rights of homeless individuals, voting rights in South Carolina, and the elimination of a ban on bump stock devices.
• 5 cases involving in-house tribunals used by the Securities and Exchange Commission to enforce rules against fraud, including the court's unanimous decision to block the SEC from judging those accused of securities fraud.
• 62 cases were heard by the court this term, with only 60 or so opinions issued.
• Only 96% of the time did the justices agree with Chief Justice Roberts in the most important cases.
• The court reached its final rulings on July 1, missing its traditional end-of-June deadline.

Sources:

• The Supreme Court's 2023-2024 term summary, The Washington Post, July 1, 2024.
• "Supreme Court's conservative supermajority flexes its power," The Washington Post, July 1, 2024.
• "The Supreme Court's 2023-2024 Term," EmpiricalSCOTUS, July 1, 2024.
• Associated Press-NORC poll, June 2024.
• "The Supreme Court's Rejection of Chevron," The New York Times, July 1, 2024.
• "Supreme Court strikes down Securities and Exchange Commission's use of in-house tribunals," The Wall Street Journal, July 1, 2024.