The Supreme Court’s 2023 term, which recently came to a close, was characterized by landmark rulings on a variety of topics, including religious freedoms, technology platforms, and affirmative action. On this 4th of July, as we commemorate the birth of our nation and contemplate the principles that define us, we find ourselves faced with a Supreme Court conservative supermajority. This composition of the highest judicial body introduces concerns about the future stability of our legal system.
Unanimity in a Polarized Time
One of the more notable aspects of this term was the Court’s unanimity in certain cases. This was evident in two significant 9-0 decisions:
- Religious Employees Case: The Court ruled in favor of a postal worker who was disciplined for refusing to work on Sundays due to religious beliefs, broadening accommodations employers must make for workers’ religious practices.
- Tech Platforms and Terrorism: The Court sidestepped a ruling on the liability shield of social media platforms, but ruled that internet platforms may not be sued for aiding and abetting international terrorism by failing to remove videos supporting the Islamic State.
These unanimous decisions, particularly in the case concerning religious freedoms, signify a rare moment of consensus in a Court that has been starkly divided along ideological lines.
Affirmative Action Takes a Hit
One of the most consequential decisions of this term was the court’s ruling on affirmative action. The Supreme Court ruled that the use of affirmative action in admissions programs at two universities was unconstitutional. This decision has been seen as a major setback for proponents of diversity in higher education and represents a reversal of decades-old precedents.
Balancing Act in Free Speech
In a 6-3 decision, the Court held that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. This was in the case of an artist who declined to design a website for a same-sex wedding based on religious beliefs. The ruling walks a tightrope, attempting to balance First Amendment rights and anti-discrimination laws.
An Eye on Presidential Power
The Court also took a stance on Presidential power concerning student debt relief. In a 6-3 decision, the Court ruled that the Secretary of Education lacked the authority to rewrite the statute to cancel a significant amount of student loan principal. This decision curtails the executive power of the presidency, specifically in financial matters.
Looking Forward
As the term wraps up, the Justices will now recess, but the implications of their rulings will continue to reverberate throughout the nation. The 2023 term has demonstrated that the Court is not as predictably divided as previously thought, with unanimous decisions hinting at a willingness to come together in certain areas. However, the Court has also shown that it is willing to overturn longstanding precedents, signaling that in a changing America, legal norms may continue to evolve.
With a conservative supermajority in place, there is a legitimate worry that settled case law, which has long been a cornerstone of our progress, could be overturned. The potential consequences are far-reaching, as it threatens to upend the hard-fought gains made in areas such as civil rights, reproductive rights, and social justice. We must recognize that our nation’s progress has always been rooted in the ability to adapt, challenge outdated norms, and embrace inclusivity. The dominance of a conservative supermajority risks stifling these principles of growth and threatens to impede the advancement of a more equitable society. As we celebrate Independence Day, let us remain vigilant and advocate for a judiciary that upholds the values of progress, justice, and equality for all Americans.
Here’s a summary of some significant Supreme Court decisions from the 2022-2023 term:
Student-Debt Relief Program
- Case: [Nebraska Case]
- Decision: In a 6-3 decision, the Court ruled that the Secretary of Education lacked the authority under the HEROES Act to cancel $430 billion of student loan principal.
- Date: June 30, 2023.
First Amendment, Same-Sex Marriage, and Anti-Discrimination Laws
- Case: [Colorado Case]
- Decision: In a 6-3 decision, the Court held that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees.
- Date: June 30, 2023.
Affirmative Action in Higher Education
- Case: [Grutter v. Bollinger]
- Decision: A divided Supreme Court ruled that the use of affirmative action in admissions programs at two universities was unconstitutional. Chief Justice John Roberts, writing for the majority, stated that the admissions programs could not be reconciled with the guarantees of the Constitution’s Equal Protection Clause.
- Date: June 29, 2023.
Religious Accommodation for Employees
- Case: [Civil Rights Act of 1964’s Title VII]
- Decision: In a unanimous decision, the Court ruled that Title VII requires an employer that denies a religious accommodation to show that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business.
- Date: June 29, 2023.
First Amendment and “True Threats”
- Case: [Colorado State Stalking Law]
- Decision: In a 7-2 decision, the Court ruled that the State must prove in true-threats cases that the defendant had some subjective understanding of his statements’ threatening nature, but the First Amendment requires no more demanding a showing than recklessness.
- Date: June 27, 2023.
Independent State Legislature Theory
- Case: [North Carolina Redistricting Case]
- Decision: In a 6-3 decision, the Court found that the Constitution’s Elections Clause does not vest exclusive powers in state lawmakers to regulate federal elections within states.
- Date: June 27, 2023.
Tech Platforms and Terrorism
- Case: [Internet Platforms Liability]
- Decision: In a unanimous decision, the Court ruled that internet platforms may not be sued for aiding and abetting international terrorism by failing to remove videos supporting the Islamic State.
- Date: May 18, 2023.
Scope of Tech Platforms’ Liability Shield
- Case: [YouTube Liability]
- Decision: In a unanimous decision, the Court sidestepped ruling on whether a law that protects social media platforms from lawsuits shields YouTube from a suit over videos supporting terrorism.
- Date: May 18, 2023.
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- Supreme Court of the United States. (2023, June 30). In Wikipedia. https://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States
- Benen, S. (2023, July 1). How this John Roberts’ Supreme Court decision could impact 2024. MSNBC. https://www.msnbc.com/
- Liptak, A. (2023, June 30). 2023 Supreme Court Decisions: Affirmative Action, Student Loans and More. The New York Times. https://www.nytimes.com/
- Constitution Center. (2023, June 30). Significant Supreme Court cases in the 2022-2023 term. https://constitutioncenter.org/