What We Learned This Term About the Supreme Court’s Shift to the Right – The New York Times

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“The majority has overruled Roe and Casey for one and only one reason: because it has always despised them, and now it has the votes to discard them,” they wrote. “The majority thereby substitutes a rule by judges for the rule of law.”

The court decided 58 cases, a slight uptick from the last two terms, which had been affected by the pandemic. But the number of signed decisions in argued cases was nonetheless the third lowest since 1937.

Nineteen decisions were decided by 6-to-3 votes, and in 13 of them all three Democratic appointees dissented. Those cases included ones on abortion, gun rights, climate change, school prayer, government aid to religious schools, the death penalty, campaign finance and limits on suits against government officials.

“The Supreme Court went a lot farther a lot faster than I expected it to this term,” said Tara Leigh Grove, a law professor at the University of Texas at Austin.

There were, however, some divisions on the right. “The conservative wing of the court is not a monolith,” said Roman Martinez, a Supreme Court specialist with Latham & Watkins, “and there are real and significant differences between how far to push the law in a more originalist direction, and how fast.”

The most significant example of this was Chief Justice Roberts’s opinion in the abortion case, which would have upheld the restrictive Mississippi law at issue but would have stopped short of overruling Roe in so many words. The chief justice’s failure to attract a single vote for that approach was telling, Professor Epstein said.

Source Article from https://www.nytimes.com/2022/07/01/us/supreme-court-term-roe-guns-epa-decisions.html

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