Washington — The conclusion of the Supreme Court’s term last Friday marked significant decisions on affirmative action, free speech and LGBTQ+ rights, student debt relief, and more. The court’s conservative majority, comprised of six justices, continued to exert its influence throughout the term. However, it was the unexpected rulings that added complexity to the overall term, especially considering last year’s landmark decisions on abortion rights and Second Amendment rights.
During the final two days of the session, the conservative justices made their presence known in the most closely-watched cases. They ended the consideration of race as a factor in college admissions, protected a graphic designer from being compelled to express a message conflicting with her beliefs, and invalidated President Biden’s plan to forgive $430 billion in student loans. Yet, the term also saw surprising decisions regarding election law, voting rights, and Native American adoption and foster care proceedings. In these cases, members of the conservative bloc joined forces with the three liberal justices.
A notable takeaway from the term is Chief Justice John Roberts’ return to prominence. Roberts was in the majority 95% of the time, second only to Justice Brett Kavanaugh at 96%. He authored several significant decisions this year, demonstrating his influence on the court. While Roberts is a conservative jurist, he also prioritizes the court’s fragility and institutional integrity.
In the case challenging President Biden’s student debt relief plan, the conservative majority found that the administration had exceeded its authority. Roberts emphasized in his opinion that disagreement should not be mistaken for disparagement, as misperceptions could be harmful to the court and the country.
These “surprise” decisions highlight that the most conservative position does not always prevail, even in a highly conservative court. The court’s expanded conservative majority has achieved long-term goals of the conservative legal movement, such as curbing the authority of the Environmental Protection Agency and ending the use of race in college admissions. Additionally, the court has consistently ruled in favor of religious plaintiffs.
Justices Sonia Sotomayor and Ketanji Brown Jackson, the first Black woman on the Supreme Court, strongly dissented in the affirmative action and free speech/LGBTQ+ rights cases. Jackson, who authored three solo dissents in her first term, has the potential to challenge the current conservative narrative of the Constitution and advocate for meaningful equality and a thriving multiracial democracy.
The Supreme Court’s next term in October is anticipated to involve cases on administrative law, providing the conservative majority with an opportunity to shape the power of federal agencies and challenge existing doctrines. The court’s decisions during these cases will undoubtedly be closely watched and impactful.
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