The Impatient, Ambitious Five: What's Next for the Supreme Court?

As the Supreme Court concluded its 2022 term with the historic overturning of Roe v. Wade, many are wondering what other landmark decisions might be on the horizon. The five Republican-appointed justices, led by Chief Justice John Roberts' more cautious approach, have been described as "an impatient, ambitious majority" by colleague Adam Liptak. They have shown a willingness to overrule longstanding precedents, citing dishonesty as a reason to do so.

Recent concurrences, particularly Justice Brett Kavanaugh's, have suggested that certain rights, such as same-sex marriage, interracial marriage, and contraception access, may be safe from reversal. However, this should not be taken as a definitive indication that these rights will not be considered in future cases. In fact, the court has already announced several cases for the upcoming term, including two major affirmative action cases, which could significantly impact the number of Black students at selective colleges.

Affirmative action has long been a contentious issue, and the court's conservative leanings suggest that it may eventually be outlawed. This would have far-reaching implications, particularly in light of Sandra Day O'Connor's suggestion that the policy might no longer be necessary 25 years from now. Arguing in favor of the policy's necessity is a core argument made by advocates, who point out the ongoing presence of racism and racial inequities in society.

Other contentious subjects on the court's docket include election laws and business regulation. The court has agreed to hear a case about Alabama's congressional map, which could effectively dilute the political power of Black voters. Additionally, the court may consider a case that limits the ability of state courts to review how state legislatures draw districts and oversee elections. The court's laissez-faire approach to business regulation may lead to a ruling that restricts federal agencies' authority to limit pollution, particularly on climate policies.

Key Takeaways:

• The Supreme Court's five Republican-appointed justices, led by Chief Justice John Roberts, have been described as "an impatient, ambitious majority" by colleague Adam Liptak, citing a willingness to overrule longstanding precedents.
• Recent concurrences, particularly Justice Brett Kavanaugh's, have suggested that certain rights, such as same-sex marriage, interracial marriage, and contraception access, may be safe from reversal.
• The court has already announced several cases for the upcoming term, including two major affirmative action cases, which could significantly impact the number of Black students at selective colleges.
• Affirmative action has long been a contentious issue, and the court's conservative leanings suggest that it may eventually be outlawed, which would have far-reaching implications.
• Other contentious subjects on the court's docket include election laws and business regulation, with cases involving Alabama's congressional map, state court review of election districts, and federal agencies' authority to limit pollution.

Statistics:

• 27% of Alabama's residents are Black, and the state has seven House districts.
• 12% of the court's justices are Republican-appointed.
• 25 years from now, Sandra Day O'Connor suggested that affirmative action might no longer be necessary.
• 2003, the court upheld affirmative action in a 5-4 decision.

Sources:

• [Adam Liptak, The New York Times, "The Supreme Court's Impatient, Ambitious Majority"]
• [Pamela Paul, The New York Times, "The Lack of Mercy"]
• [Ross Douthat, The New York Times, "The Abortion Battle"]
• [The New York Times, "The Supreme Court's Term Doctrinal Contacts"]