Please ensure Javascript is enabled for purposes of website accessibility
Facing a Conservative Turn, Supreme Court Opens New Term
gvw_ap_news
By Associated Press
Published 5 years ago on
October 5, 2020

Share

WASHINGTON — The Supreme Court began its new term Monday with a remembrance of “a dear friend and a treasured colleague,” the late Justice Ruth Bader Ginsburg.

Chief Justice John Roberts paid tribute to Ginsburg, who died last month, as the court resumed its work via telephone because of the coronavirus pandemic.

The justices are beginning a new term with Republicans on the cusp of realizing a dream 50 years in the making, a solid conservative majority that might roll back abortion rights, expand gun rights and shrink the power of government.

The justices are beginning a new term with Republicans on the cusp of realizing a dream 50 years in the making, a solid conservative majority that might roll back abortion rights, expand gun rights and shrink the power of government.

It also is a most unusual, politically fraught moment in American history. They’re still mourning the death of Ginsburg, the leader of the court’s liberal wing. They’re working in the midst of a pandemic that has forced the court to drastically change the way it conducts business. And the presidential election is less than a month away.

Roberts said the justices would hold a fuller memorial service for Ginsburg once they return to the courtroom.

President Donald Trump’s nominee for Ginsburg’s seat, Judge Amy Coney Barrett, could be on the bench in time for one of the term’s biggest cases, post-Election Day arguments in the latest Republican bid to strike down the Affordable Care Act, which provides more than 20 million people with health insurance.

Barrett’s confirmation would cement a 6-3 conservative majority and diminish Roberts’ ability to moderate the court’s decisions. That’s because conservatives would have five votes even in cases where Roberts might side with the remaining three liberal justices.

“I would guess that on the whole we’re going to see a considerable and perhaps quite rapid shift to the right,” said Orin Kerr, a law professor at the University of California, Berkeley.

‘The Most Tumultuous and Divisive Term Since the Supreme Court Decided Bush V. Gore’

The term is so far short on high-profile cases, but that could change quickly because of the prospect of court involvement in lawsuits related to the election. Trump has said he wants Barrett in place soon so that she could be among nine justices, including his other appointees Neil Gorsuch and Brett Kavanaugh, who weigh in on any voting cases. Four years ago, Republicans were content to leave a Supreme Court seat open through the election, even if it meant having an eight-justice court decide any election challenges.

High-court involvement in the election could make this “the most tumultuous and divisive term since the Supreme Court decided Bush v. Gore 20 years ago and effectively determined who would become president,” said Irv Gornstein, a Georgetown University law professor.

Already this year, the justices have weighed in on election issues in Wisconsin, Alabama, Rhode Island, Florida and Texas. Among the issues: ballot witness requirements and allowing all voters to vote by mail. Pending are pleas from Republicans to reverse decisions extending the deadline for receiving and counting mail-in ballots in the battleground state of Pennsylvania and suspending a ballot witness requirement in South Carolina, where polls find a tight race between Republican Sen. Lindsey Graham and Democratic challenger Jaime Harrison.

The court began the term the way it ended the last one, meeting by telephone because of the pandemic and allowing the public to listen live to arguments. The biggest change is the absence of Ginsburg, who died of cancer last month at age 87 after 27 years on the bench. When the justices met remotely in May, she already was suffering from a recurrence of pancreatic cancer that was first diagnosed in 2009.

The only time her colleagues, masked and remaining at some distance from each other, gathered in person since March, when the court was closed to the public, was for Ginsburg’s memorial service in the court’s Great Hall.

The Cases Being Argued Over the Next Two Weeks, Meanwhile, All Had Been Scheduled for Last Spring

“I’m still trying to get my head around the idea that Justice Ginsburg won’t be on the bench any longer,” said Donald Verrilli, the Obama administration’s top lawyer before the Supreme Court who will argue in the health law case in November.

The cases being argued over the next two weeks, meanwhile, all had been scheduled for last spring, but were postponed when the virus forced the court to shut down for a time. The most consequential case in October is a dispute between technology giants in which Oracle claims it’s owed $9 billion by Google for using Oracle’s copyrighted code in the development of Google’s Android operating system for smartphones.

The day after the election brings a battle of religious rights and LGBT discrimination from Philadelphia. A social service agency run by the Catholic church sued after the city decided to stop placing children with the agency over its policy of not permitting same-sex couples to serve as foster parents. It could be one of the first cases the court hears with nine justices, if Republicans succeed in confirming Barrett before the election.

In December, the justices will decide whether the House of Representatives can obtain grand jury materials that were part of special counsel Robert Mueller’s investigation of Russian interference in the last election.

It’s among several cases that could go away or at least look very different if Democrat Joe Biden wins the election.

One other possibility next year is a retirement, especially if Biden wins and Democrats retake the Senate. Justice Stephen Breyer is now the court’s oldest justice, at age 82.

Both he and Ginsburg rebuffed suggestions that they retire the last time Democrats controlled the Senate and the White House, in 2014.

RELATED TOPICS:

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

UP NEXT

Harvard Agrees to Relinquish Early Photos of Slaves, Ending a Long Legal Battle

Fresno’s First Fit Fest Mixes Sweat, Sportsmanship, and Support for Local Causes

1 hour ago

Could Aleko’s Playful Antics ‘Purrsuade’ You to Adopt Him?

1 hour ago

UN May Cut Staff by 20%, Internal Memo Says

WASHINGTON (Reuters) – The United Nations Secretariat is preparing to cut its $3.7 billion budget by 20% and slash about 6,900 jobs, a...

19 minutes ago

The United Nations flag flies in front of the Secretariat Building at the United Nations headquarters in New York City September 18, 2015. REUTERS/Mike Segar/File Photo
19 minutes ago

UN May Cut Staff by 20%, Internal Memo Says

35 minutes ago

‘I’m Really Scared’: Elderly and Disabled Californians Could Lose Medi-Cal Over $2,000 Limit

39 minutes ago

California’s War Over Charter Schools Rages On in Court

Fresno’s first-ever Fit Fest brought together firefighters, police, fitness pros, and community members for a day of workouts, wellness, and a charity soccer match that saw Fresno Fire take home the win and a $1,000 donation for burn survivors.
1 hour ago

Fresno’s First Fit Fest Mixes Sweat, Sportsmanship, and Support for Local Causes

Aleko Is GV Wire's Adoptable Pet of the Week, May 29, 2025
1 hour ago

Could Aleko’s Playful Antics ‘Purrsuade’ You to Adopt Him?

Israeli Prime Minister Benjamin Netanyahu speaks during a press conference, in Jerusalem, May 21, 2025. REUTERS/Ronen Zvulun/Pool
2 hours ago

Netanyahu Says Israel Accepts Witkoff’s New Gaza Truce Proposal, Media Report

Trump Takes Questions about Pope Image
2 hours ago

Under Trump, US Economy Shrinks for 1st Time in Three Years

The Fresno County Coroner’s Office is asking for the public’s help to locate the family of Navjit Singh, 31, who died of natural causes on May 17. (Fresno County SO)
3 hours ago

Fresno Authorities Seek Public’s Help to Locate Family of Deceased Man

Help continue the work that gets you the news that matters most.

Search

Send this to a friend