The High Court’s Power Shift: Conservative Majority’s Decisions on Race, Elections, and Religious Freedom

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Power Dynamics at Play: Conservative Majority and the Future of Law

As the Supreme Court hurries to deliver its pending opinions before the self-imposed early July deadline, there is no doubt that the conservative majority is poised to steer the direction of the law towards the right on various fronts.

Chief Justice John Roberts surprised court observers in a closely watched elections case by refraining from significantly curtailing a crucial provision of the Voting Rights Act, contrary to expectations. In another case, a 7-2 majority dismissed a challenge to a federal law that prioritizes placing Native American children with Native American families in child custody matters. Justices Samuel Alito and Clarence Thomas were the sole dissenters, raising eyebrows among legal experts.

However, some of the cases that have captivated the public’s attention are yet to be decided, and they are likely to provoke passionate opinions, and dissents read aloud in court. Furthermore, these rulings will be delivered as the court finds itself under the intense spotlight typically reserved for members of the political branches.

In “The Supermajority”, Michael Waldman focuses on the court’s 6-3 conservative majority, analysing the seismic effects of rulings made last year https://t.co/rS1uZYYbom

— The Economist (@TheEconomist) June 9, 2023

“It is highly likely that this court will disregard its prior precedents and undermine protections for LGBTQ individuals, racial minorities, and voters,” remarked Jessica Levinson, a professor at Loyola Law School in Los Angeles. “The question is whether the court will subtly weaken these protections or launch an all-out assault on them.”

These springtime rulings will further solidify former President Donald Trump’s success in appointing three justices to the bench, securing a conservative majority that may endure for decades.

After the new appointees voted alongside the majority to overturn a decades-old abortion precedent last year, liberal Justice Elena Kagan issued a warning during a speech in Montana. “People are rightfully suspicious when a justice departs or passes away, and another justice takes their place, and suddenly the law changes,” Kagan cautioned. “It raises the question: what is happening here? That doesn’t seem like the rule of law.”

Accusations of the court’s politicization have only grown stronger. Protesters continue to rally outside the justices’ chambers, and journalists have uncovered potential ethics violations among some justices. Democrats in Congress are even contemplating involving themselves in the court’s internal affairs to advocate for ethics reforms.