(Trends Wide) — When the justices of the United States Supreme Court meet again on May 12 for their next closed-door conference to discuss pending petitions and unresolved opinions, everything will be different.
In your meeting, the reservation will be so protected that no one else can enter the room. Judge Amy Coney Barrett, being the one who has been in the high court for the least time, is in charge of opening the door if someone knocks.
But such precautions seem almost curious now.
A strong blow to the Supreme Court
The Court, which prides itself on camaraderie, independence, devotion to protocol and process, is now reeling from what Chief Justice John Roberts called a betrayal of trust “intended to undermine the integrity of our operations.” Although leaks are common in other branches of government, the release of a draft Supreme Court opinion regarding the most important abortion case in decades, revealed by Politico, is seismic.
In the next few days, the investigation ordered by Roberts will begin, whose presumably long-term impact will cause changes in the protocol and add new levels of reservation.
However, in the short term, the consequences of the leak could be more serious. That’s because, in the coming weeks, judges will have to resolve the dispute over abortion, as well as a major Second Amendment case, in addition to other proceedings related to immigration, religious freedom and the environment.
“The nine justices, their more than three dozen paralegals, and administrative officials must constantly and collaboratively write opinions to make the Supreme Court work,” said Mike Davis, a former assistant to Justice Neil Gorsuch. “This requires tight security and maximum trust, both of which were destroyed by this unprecedented leak.”
Those deliberations — which involve careful choreography between cameras — could be damaged in the future. Such work needs open conversations and shared trust, which can be hard to come by knowing that what goes on behind closed doors could be broadcast to the world.
These are the main cases that the Supreme Court studies and that could have a great impact on the lives of Americans:
The case Roe vs. Wade and the right to abortion
Although Judge Alito’s draft opinion has been widely commented on, a court spokesman made it clear that the document was not final and did not reflect the final vote of any member of the high court.
That would suggest that there is still a chance that the decision of one or two justices, who reportedly cast an initial vote to overturn Roe v. Wade, be in play. One option Roberts has endorsed would be to maintain Mississippi’s ban on abortion after 15 weeks, but not explicitly repeal the guarantee of the right to voluntary termination of pregnancy in the landmark Roe v. Wade.
It is not unusual for votes to change. Nor does a dissident write so eloquently that he might garner unexpected support from a colleague who was initially in the majority.
Second Amendment Rights
The Supreme Court has not ruled in a major Second Amendment case in more than a decade, but now it has an opportunity.
Justices are considering striking down a New York gun law, enacted more than a century ago, that places restrictions on carrying a concealed weapon outside the home.
While the justices debate the issue in secrecy, they will decide whether to issue a broad ruling that the right to keep and bear arms extends to the right to carry a firearm outside the home, or to focus more specifically on a handful of laws. that give licensing officers a high degree of discretion in deciding who gets a permit and who doesn’t.
School bonds and prayers
Behind the scenes, judges are likely divided in a case over the exclusion of religious schools in a Maine assistance program that helps with the cost of school tuition by allowing parents to use vouchers to send their children to public institutions. or private.
Over recent terms, conservatives on the Supreme Court have expanded religious freedom rights, while liberals have taken steps on some occasions to tighten the separation between church and state.
Another pending case is that of a former high school football coach who wants to pray at the 50-yard line after games. During oral arguments, the Conservatives appeared sympathetic to the coach’s religious rights, while the Liberals expressed concern that the students felt compelled to participate in the prayer led by their coach.
climate crisis
The justices are also considering a case brought by Republican attorneys general arguing that the Environmental Protection Agency does not have the authority to regulate emissions from the electricity sector that contribute to global warming.
Prosecutors say instead that the authority should go through Congress. The result will have huge implications for Biden’s climate agenda and the future of environmental regulations in general.
‘Stay in Mexico’ and immigration policy
There are several immigration-related disputes in the Supreme Court.
In one, the Biden administration seeks to end the well-known “Remain in Mexico” policy, which was implemented during the Donald Trump administration and requires that non-Mexican immigrants remain in Mexico until they appear before an immigration court in Mexico. US lower courts have prevented Biden from ending the policy. Judges will review a sweeping lower court decision that could significantly alter future immigration programs.
By the end of his term, Roberts will have led the Supreme Court through one of the most divisive dossiers in recent history, just as the court’s popularity is at an all-time low. And that was before the leak of the draft opinion on abortion rights.
In the statement announcing the investigation, Roberts called the leak “a unique and egregious violation” as well as an “insult.”
Although he stated that “the work of the Court will not be affected in any way”, it already was.
(Trends Wide) — When the justices of the United States Supreme Court meet again on May 12 for their next closed-door conference to discuss pending petitions and unresolved opinions, everything will be different.
In your meeting, the reservation will be so protected that no one else can enter the room. Judge Amy Coney Barrett, being the one who has been in the high court for the least time, is in charge of opening the door if someone knocks.
But such precautions seem almost curious now.
A strong blow to the Supreme Court
The Court, which prides itself on camaraderie, independence, devotion to protocol and process, is now reeling from what Chief Justice John Roberts called a betrayal of trust “intended to undermine the integrity of our operations.” Although leaks are common in other branches of government, the release of a draft Supreme Court opinion regarding the most important abortion case in decades, revealed by Politico, is seismic.
In the next few days, the investigation ordered by Roberts will begin, whose presumably long-term impact will cause changes in the protocol and add new levels of reservation.
However, in the short term, the consequences of the leak could be more serious. That’s because, in the coming weeks, judges will have to resolve the dispute over abortion, as well as a major Second Amendment case, in addition to other proceedings related to immigration, religious freedom and the environment.
“The nine justices, their more than three dozen paralegals, and administrative officials must constantly and collaboratively write opinions to make the Supreme Court work,” said Mike Davis, a former assistant to Justice Neil Gorsuch. “This requires tight security and maximum trust, both of which were destroyed by this unprecedented leak.”
Those deliberations — which involve careful choreography between cameras — could be damaged in the future. Such work needs open conversations and shared trust, which can be hard to come by knowing that what goes on behind closed doors could be broadcast to the world.
These are the main cases that the Supreme Court studies and that could have a great impact on the lives of Americans:
The case Roe vs. Wade and the right to abortion
Although Judge Alito’s draft opinion has been widely commented on, a court spokesman made it clear that the document was not final and did not reflect the final vote of any member of the high court.
That would suggest that there is still a chance that the decision of one or two justices, who reportedly cast an initial vote to overturn Roe v. Wade, be in play. One option Roberts has endorsed would be to maintain Mississippi’s ban on abortion after 15 weeks, but not explicitly repeal the guarantee of the right to voluntary termination of pregnancy in the landmark Roe v. Wade.
It is not unusual for votes to change. Nor does a dissident write so eloquently that he might garner unexpected support from a colleague who was initially in the majority.
Second Amendment Rights
The Supreme Court has not ruled in a major Second Amendment case in more than a decade, but now it has an opportunity.
Justices are considering striking down a New York gun law, enacted more than a century ago, that places restrictions on carrying a concealed weapon outside the home.
While the justices debate the issue in secrecy, they will decide whether to issue a broad ruling that the right to keep and bear arms extends to the right to carry a firearm outside the home, or to focus more specifically on a handful of laws. that give licensing officers a high degree of discretion in deciding who gets a permit and who doesn’t.
School bonds and prayers
Behind the scenes, judges are likely divided in a case over the exclusion of religious schools in a Maine assistance program that helps with the cost of school tuition by allowing parents to use vouchers to send their children to public institutions. or private.
Over recent terms, conservatives on the Supreme Court have expanded religious freedom rights, while liberals have taken steps on some occasions to tighten the separation between church and state.
Another pending case is that of a former high school football coach who wants to pray at the 50-yard line after games. During oral arguments, the Conservatives appeared sympathetic to the coach’s religious rights, while the Liberals expressed concern that the students felt compelled to participate in the prayer led by their coach.
climate crisis
The justices are also considering a case brought by Republican attorneys general arguing that the Environmental Protection Agency does not have the authority to regulate emissions from the electricity sector that contribute to global warming.
Prosecutors say instead that the authority should go through Congress. The result will have huge implications for Biden’s climate agenda and the future of environmental regulations in general.
‘Stay in Mexico’ and immigration policy
There are several immigration-related disputes in the Supreme Court.
In one, the Biden administration seeks to end the well-known “Remain in Mexico” policy, which was implemented during the Donald Trump administration and requires that non-Mexican immigrants remain in Mexico until they appear before an immigration court in Mexico. US lower courts have prevented Biden from ending the policy. Judges will review a sweeping lower court decision that could significantly alter future immigration programs.
By the end of his term, Roberts will have led the Supreme Court through one of the most divisive dossiers in recent history, just as the court’s popularity is at an all-time low. And that was before the leak of the draft opinion on abortion rights.
In the statement announcing the investigation, Roberts called the leak “a unique and egregious violation” as well as an “insult.”
Although he stated that “the work of the Court will not be affected in any way”, it already was.