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The Supreme Court’s term expires in the coming weeks, during which time the most anticipated decisions will be made.
About 18 decisions are still pending before the Supreme Court, covering some of the most divisive and influential issues facing the country. Here are the ones that are probably the most significant.
5. Kennedy v. Bremerton School
High school football coach Joseph Kennedy lost his job after he insisted on reciting prayers after a game on the 50-year-old line, although his employer, the Bremerton school district, instructed him to stop. Kennedy claimed that this violated his rights under the First Amendment for freedom of speech and religion, while the school district claimed that the prayer of a public school employee was contrary to the First Amendment clause.
The school district told Kennedy to stop reciting prayers on the field after an opponent’s coach brought it to the attention of the principal. He did so temporarily, then informed the school that he would resume the practice. The situation caught the attention of the media, and when Kennedy announced that he would return to pray on the field, this raised security concerns. When he prayed after the match, a number of people stormed the field in support.
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The school district then offered to let Kennedy pray elsewhere before and after games, or he could pray on the 50-yard line after everyone else left the room, but he refused, insisting he would continue his regular practice. This eventually prompted the school district to take action against him.
The question is whether Kennedy’s prayer is a government speech because he is a civil servant, in which case it will not be defended. The court is also examining whether, if prayer is a protected private speech, the school can still tell it to stop so as not to be seen as supporting religion.
During the oral argument, a number of judges seemed to be leaning towards Kennedy’s side. Judge Clarence Thomas questioned whether Kennedy’s prayer could be considered a government speech if the school district strongly and publicly opposed it.
Judge Elena Kagan raised the issue of possible coercion as students joined Kennedy for prayer. The opinion of the lower court notes that the director was contacted by a parent who said that his son “feels compelled to participate” in prayer, even though he is an atheist, “he feels he will not be able to play as much a lot if not involved “
Kennedy’s lawyer objected, arguing that the school district had never mentioned this when he was fired, and that their only reason at the time was concern for religious approval.
4. Biden v. Texas
The case focuses on the Trump administration’s Protocols on the Protection of Migrants, known as the Stay in Mexico policy, which required asylum seekers in the United States to stay in Mexico pending hearings. The Biden administration tried to overturn the policy, but was blocked by a lower court.
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The bottom line is whether the federal government can use discretion in implementing the program or if, as Texas and Missouri argue in their lawsuit, the policy is necessary to comply with federal law, which says migrants cannot be allowed into the United States because the country does not have the resources to keep everyone.
Advocate General Elizabeth Prelogar said in an oral argument that if the policy was necessary to comply with the law, then “every presidential administration in a continuous line for the last quarter of a century has been in open violation[.]”
Much of the argument was about legal language. Prelogar pointed to a statute under which the chief prosecutor “may return” aliens from a neighboring territory back to that territory while they await a hearing. Judge Clarence Thomas pointed out that the same statute says that if an immigration officer determines that a migrant “has no clear and undoubted right to be admitted” to the United States, the migrant “must be detained,” which the other party interprets as a requirement.
3. New York State Rifle and Pistol Association, Inc. against Bruen
In the largest possible Second Amendment case before the Supreme Court in more than a decade, judges are ready to decide whether New York’s process of obtaining a license to carry a concealed handgun is too restrictive. These rules require applicants to show the “right reason” why they should carry a firearm, and the government can exercise discretion in determining whether someone has met that requirement. The result is that it is extremely difficult to obtain a license.
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In oral disputes, conservative judges appear to challenge the state’s position.
“Why isn’t it good enough to say that I live in an area of violence and I want to defend myself?” Judge Brett Cavanaugh asked.
In exchange for Judge Samuel Alito, New York Attorney General Barbara Underwood acknowledged that if the complainant said leaving late at night and had to walk from a subway station through a high-crime neighborhood to return home, this man would be denied because they did not cite a specific threat.
“How is this in line with the fundamental right to self-defense?” Alito asked, saying this was the basis of the Second Amendment.
2. West Virginia v. Environmental Protection Agency
Although this case – which is in fact four cases consolidated to be resolved together – does not focus on hot political issues, but on a much drier world of agency action, its outcome may have the greatest impact. of all these cases.
The question is whether the Environmental Protection Agency has the power to issue comprehensive rules that could review the country’s industrial practices and electricity grids to tackle climate change.
The logo of the United States Environmental Protection Agency (EPA) was displayed on the door of its headquarters on March 16, 2017 in Washington, DC. The proposed budget of US President Donald Trump for 2018 aims to reduce the EPA budget by 31 percent from $ 8.1 billion to $ 5.7 billion. (Justin Sullivan / Getty Images)
In 2015, the Obama administration’s clean energy plan aimed to reduce carbon emissions from power plants. The plan was blocked by the Supreme Court in 2016, then overturned by the Trump administration and replaced by the less extreme Affordable Clean Energy Act (ACE). However, after President Biden took office, the ACE rule became the subject of litigation, which led to the DC Court of Appeals, which overturned the rule and repealed the clean energy plan.
The Supreme Court is now reviewing this decision.
The Biden administration claims that the EPA has the power to unilaterally adopt broad requirements for improving the environment. West Virginia and other states say this is contrary to the “doctrine of fundamental issues.” This doctrine says that although federal agencies generally have broad powers to establish rules delegated by Congress through the statutes that create them when it comes to issues of great economic and political importance to the country, these statutes must have clear language. to support the action of the agency.
The Biden administration also claims that the case does not even belong to the Supreme Court, because the EPA said it would not restore the clean energy plan, but instead chose to develop and implement its own rules. The government argues that without a valid EPA rule, the other party is simply suing for a potential future rule rather than actual ongoing damage.
The case could determine the fate of President Biden’s climate program, as well as set a significant precedent for how other federal agencies can operate.
1. Dobbs Women’s Health Organization v. Jackson
Pending a ruling on the case has already led to protests in the Supreme Court and the homes of several judges, as well as charges of attempted murder against a man allegedly planning to kill Judge Cavanaugh. All this was prompted by the publication of a draft opinion by Judge Samuel Alito, which, if published as a court opinion, would overturn Rowe v. Wade and abolish the recognition of the constitutional right to abortion.
The case, after the Mississippi passed a law banning abortions after 15 weeks of pregnancy, clearly contradicts the standard set by Rowe, which prohibits bans before the viability of the fetus – of course it is about 23 weeks. The ensuing lawsuit now puts the Supreme Court in a position to reconsider whether a ban on prior viability should be allowed.
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During oral hearings, some judges seemed interested in finding a way to uphold the 15-week ban without completely removing Rowe. Chief Justice John Roberts spoke about the possible abolition of the standard of living, while ensuring that women have the opportunity to have an abortion. Both sides of the case have expressed skepticism that this is a working option.
Alito, in his draft opinion, not only said that the Mississippi law must be valid, but gutted Rowe and the case that confirmed it, Planned Parenthood v. Casey. He directly said that the cases should be canceled, which would put abortion rights in the hands of individual countries, where selected employees can set their own standards.
Following Politico’s publication of Alito’s draft, the Supreme Court issued a statement noting that it was normal practice to distribute draft opinions to judges as part of the decision-making process and that the draft did not specify what the Court’s final decision would be.
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Now the country will wait and see if Alito …
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