https://jonathanturley.org/2022/10/03/from-affirmative-action-to-andy-warhol-buckle-up-for-a-wild-supreme-court-term/
Justice Ruth Bader Ginsburg once said, “It’s hard not to have a big year at the Supreme Court.” That is, of course, manifestly true for the highest court in the land.
Some years are bigger than others, however. That certainly was the case in 2021-22, with historic decisions on abortion, gun rights, climate change and other issues.
On Monday, the new term will begin with a lineup that promises another historic series of rulings — and even greater levels of rage directed at the court.
The last term showed that a stable 6-3 majority has taken hold on the court. Even with the addition this term of Justice Ketanji Onyika Brown Jackson, and possible swing votes from Chief Justice John Roberts or others, there are five conservative justices who have brought clarity to long-contested areas characterized by 5-4 divisions. That is likely to continue this term.
Here are just two of the “matinee” cases that could have a huge impact on both precedent and politics:
Students for Fair Admissions v. President & Fellows of Harvard College
This case on the use of race in college admissions will be heard with a similar case in Students for Fair Admissions v. University of North Carolina.
Since declaring affirmative action in admissions to be unconstitutional in 1978 in Regents of the University of California v. Bakke, the court has never achieved clarity on the constitutional use of race beyond barring any preference “for no reason other than race or ethnic origin.” Then-Justice Lewis Powell declared, “This the Constitution forbids,” but the court has been unable to say with any coherence and consistency what else it forbids in a line of conflicting and vague 5-4 rulings.