The Riverside Press-Enterprise

`Revolution­ary' term on abortion, guns and more

Conservati­ve majority control could be years

- By Mark Sherman

WASHINGTON » Abortion, guns and religion — a major change in the law in any one of these areas would have made for a fateful Supreme Court term. In its first full term together, the court’s conservati­ve majority ruled in all three and issued other significan­t decisions limiting the government’s regulatory powers.

And it has signaled no plans to slow down.

With former President Donald Trump’s appointees in their 50s, the six-justice conservati­ve majority seems poised to keep control of the court for years to come, if not decades.

“This has been a revolution­ary term in so many respects,” said Tara Leigh Grove, a law professor at the University of Texas. “The court has massively changed constituti­onal law in really big ways.”

Its remaining opinions issued, the court began its summer recess Thursday, and the justices will next return to the courtroom in October.

Overturnin­g Roe v. Wade and ending a nearly half-century guarantee of abortion rights had the most immediate impact, shutting down or severely restrictin­g abortions in roughly a dozen states within days of the decision.

In expanding gun rights and finding religious discrimina­tion in two cases, the justices also made it harder to sustain gun control laws and lowered barriers to religion in public life.

Setting important new limits on regulatory authority, they reined in the government’s ability to fight climate change and blocked a Joe Biden administra­tion effort to get workers at large companies vaccinated against COVID-19.

The remarkable week at the end of June in which the guns, abortion, religion and environmen­tal cases were decided at least partially obscured other notable events, some of them troubling.

New Justice Ketanji Brown Jackson was sworn in Thursday as the first Black woman on the court. She replaced the retiring Justice Stephen Breyer, who served nearly 28 years, a switch that won’t change the balance between liberals and conservati­ves.

In early May, the court had to deal with the unpreceden­ted leak of a draft opinion in the abortion case. Chief Justice John Roberts almost immediatel­y ordered an investigat­ion, about which the court has been mum ever since. Soon after, workers encircled the court with 8-foothigh fencing in response to security concerns. In June, police made a latenight arrest of an armed man near Justice Brett Kavanaugh’s

Maryland home, and charged him with attempted murder.

Kavanaugh is one of three Trump appointees along with Justices Neil Gorsuch and Amy Coney Barrett who fortified the right side of the court. Greg Garre, who served as President George W. Bush’s top Supreme Court lawyer, said when the court began its term in October “the biggest question was not so much which direction the court was headed in, but how fast it was going. The term answers that question pretty resounding­ly, which is fast.”

The speed also revealed that the chief justice no longer has the control over the court he held when he was one of five, not six, conservati­ves, Garre said.

Roberts, who favors a more incrementa­l approach that might bolster perception­s of the court as a nonpolitic­al institutio­n, broke most notably with the other conservati­ves in the abortion case, writing that it was unnecessar­y to overturn Roe, which he called a “serious jolt” to the legal system. On the other hand, he was part of every other ideologica­lly divided majority.

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