Key Insights from the Recent Controversial and Contentious Supreme Court Term

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Supreme Court Term Ends with Conservative Victories and Ethics Scrutiny

Last fall, Chief Justice John Roberts expressed his desire for a return to normalcy, where the public could attend oral arguments in person and metal barricades erected after the reversal of Roe v. Wade would come down. However, as the Supreme Court term came to a close, the definition of “normal” remained uncertain. The conservative majority on the court asserted itself, overturning precedent and shifting the law to the right. While there were some unexpected liberal wins, the court’s overall trajectory continued to bend right.

Chief Justice Roberts, who prioritizes the institution of the court, worked diligently on four opinions that would have a significant impact on Americans’ lives. While two of the cases concerning voting rights brought victories for liberals, the other two were major conservative wins. Roberts struck down affirmative action programs in higher education and President Joe Biden’s student debt forgiveness program. He has consistently sought to dispel the narrative that the court splits along ideological lines in every case, emphasizing that judges should call decisions as they see them.

However, critics argue that the court has taken a hard right turn since the addition of former President Donald Trump’s nominees. They point to major cases on the environment, abortion rights, and the Second Amendment as evidence of this shift. Justice Neil Gorsuch, who previously delivered a landmark opinion protecting LGBTQ rights, authored an opinion that ruled against the LGBTQ community in a case involving a graphic designer’s refusal to create custom websites for same-sex weddings due to religious objections. Gorsuch framed the decision as a matter of free speech, protecting the designer’s conscience.

Justice Samuel Alito, who had previously faced death threats over a draft opinion overturning Roe v. Wade, became more vocal this term. He defended himself and the court in public appearances and interviews, expressing concern about the level of criticism directed at the judiciary. Alito even used The Wall Street Journal’s editorial pages to respond to questions from ProPublica regarding his undisclosed trips with conservative donors. This move raised concerns about the chilling effect it could have on journalists seeking comment from justices.

Ethics scrutiny of the Supreme Court reached new heights this term. ProPublica revealed that Justice Clarence Thomas had received lavish trips on private jets and a yacht from a GOP billionaire, which he had not disclosed. This revelation sparked calls for ethics reform, with Senate Judiciary Chairman Dick Durbin emphasizing the need for transparency. The court attempted to address these concerns by releasing a statement providing “clarity” on ethics practices, but critics argue that it falls short of a formal code of ethics.

As the Supreme Court term concluded, the conservative majority’s influence on the law was evident. While Roberts worked to maintain the court’s integrity and downplay ideological divisions, critics raised concerns about the court’s rightward shift and issues of ethics. The question of what is considered “normal” for the court continues to remain unanswered.

Original Story at www.cnn.com – 2023-07-01 12:15:00

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