The scope of change flowing from the court’s rulings has been staggering
’s authority to regulate coal-burning power plants. If the majority decides the case the way it seemed to be leaning at the February hearing, West Virginia and other Republican states will succeed in throttling the agency’s power to shift energy production from coal to cleaner sources like solar and wind power.
An arrogation of judicial power also characterised Justice Thomas’s methodology in his majority opinion inthe landmark Second Amendment case decided on June 23rd.expands the “right to keep and bear arms” by removing authority from states to use discretion when issuing concealed-carry licences. Its immediate impact will be limited to a handful of states that have required a special justification to carry a concealed weapon, but the ramifications are much broader.
More abandonment of decades-old approaches came in religion cases. In requiring the state of Maine to give parents money for religious schools since it was also giving some parents tuition payments for secular private schools, the six-justice majority in effect dispensed with precedents allowing, but not obliging, states to foot the bill for religious studies.
A trio of cases, all decided by the familiar 6-3 margin, found that Americans sometimes have no recourse when their bedrock constitutional rights have been violated. Inthe court told an innkeeper he could not sue a border-patrol officer who had, in violation of the Fourth Amendment, entered his property without a warrant and assaulted him.
When the court resumes its work in October—with Ketanji Brown Jackson replacing Justice Breyer, who retired on June 30th—the docket does not lighten. Affirmative action, voting rights and more environmental cases are in the queue. Kate Shaw, a professor at Cardozo law school, says the court no longer values “incrementalism, compromise or half-measures”. She expects it will keep moving “as aggressively and as quickly as possible”.
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