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Looking Ahead to the Supreme Court’s New Term

Posted on Wednesday, September 27, 2023
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by AMAC Newsline
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AMAC Exclusive – By Aaron Flanigan

Supreme Court building in Washington DC. Equal Justice Under Law.

After two historic terms for the Supreme Court in 2021-2022 and 2022-2023 during which the Court’s conservative bloc overturned Roe v. Wade, declared that race-based college admissions are unconstitutional, and delivered several landmark victories for religious liberty, all eyes are on the Court once again as it prepares for the start of its new term on October 2.

To commemorate the start of the new term, the Heritage Foundation hosted a live discussion previewing some of the Court’s most high-profile upcoming cases at its campus in Washington, D.C.

The conversation kicked off with a discussion of Loper Bright Enterprises v. Raimondo, which many conservative legal experts consider to be the highest-profile case on the Court’s docket this term.

In Loper, the Court will decide whether to revisit the doctrine of so-called “Chevron deference,” first established in the 1984 case Chevron U.S.A., Inc. vs. Natural Resources Defense Council, Inc., which holds that when a law is vague or ambiguous, federal judges must defer to whatever interpretation of that law executive agencies put forward.

Conservatives have long held that Chevron deference was one of the great errors in the Court’s history, as it empowers unelected bureaucrats to essentially make law.

The Loper case concerns a series of family-owned fisheries who challenged a regulation enforced by the National Marine Fisheries Service, which, according to the Heritage Foundation, “required them not only to carry a person serving as a monitor on their fishing boats to ensure compliance with federal fishing regulations, but also to pay the salaries of the monitors they carry”—even though no such regulations are enumerated in statutory law.

The Court’s ruling in this case could yield significant consequences not only for the fishing industry, but also for the future of the administrative state and its ever-expanding presence in the daily lives of the American people. As former U.S. Solicitor General Paul Clement noted during the Heritage discussion, Loper could help to revert the executive and legislative branches to their constitutionally proscribed roles. “I don’t want to say that Chevron is responsible for all the ills of the modern administrative state—just most of them,” he said.

Another noteworthy case the Court is set to consider during its next term is Securities and Exchange Commission v. Jarkesy, in which the Court will decide whether actions taken by the Securities and Exchange Commission to enforce securities laws outside of district courts violate Americans’ Seventh Amendment right to a jury trial.

A third important case on the docket is Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited, in which the Court will determine whether the CFPB can constitutionally receive funding from the Federal Reserve instead of receiving congressionally appropriated money. Clement noted that if the Court rules against the CFPB in this case, one could make the case that “essentially everything the CFPB has done is constitutionally problematic.”

The Court will also consider two free speech cases, O’Connor-Ratcliff v. Garnier and Lindke v. Freed. Both of these cases consider whether public officials can block users on their social media accounts, and whether they are blocking individuals in their official or private capacities.

Another case mentioned during the Heritage discussion was Moore v. United States, in which the Court will decide whether the 16th Amendment permits Congress to tax Americans on income they technically earned but never received because it was re-invested back into a company. The case could have major implications for the U.S. tax code and potentially pave the way for a future “wealth tax.” Clement noted the case could be “one of the sleeper cases of the term.”

In United States v. Rahimi, the Court will weigh in on whether Americans under a restraining order for domestic violence can be constitutionally prohibited from possessing firearms. Noted Supreme Court advocate Lisa Blatt, who also participated in the Heritage discussion, said of the case, “From my way of thinking, there’s two ways of thinking about it: do you think of it as a right, or do you think of it as a privilege?” This question, Blatt indicated, will be at the heart of the Court’s ruling next summer.

Though this term is unlikely to generate the same degree of news-breaking headlines that the previous two terms have yielded, the Court’s docket is full of significant cases that could have far reaching implications for our legal system.

As we enter into the Court’s new term and await yet another summer of major decisions, Americans who care about the Constitution have every reason to be optimistic.

The Heritage Foundation event can be viewed here.

Aaron Flanigan is the pen name of a writer in Washington, D.C.

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Rob citizenship
Rob citizenship
5 months ago

Praise for your great work writing this very important article Mr.Flanigan , it should be appreciated by everyone who has an interest in the Supreme Court. The way you explained the doctrine of the ” Chevron deference” is a good example of how important Supreme Court issues should be explained. To compare understanding the terminology pertaining to the Supreme Court with mathematics, it should be presented in a manner that favors the idea that complex matters should be understandable, what is unclear should be made clear. That is the way to advance knowledge for the betterment of society. Great that you wrote this optimistic article Aaron , it will contribute in a positive manner to decisions people will making in the relatively near future. Well Done !

Rik
Rik
5 months ago

Clarence Thomas will certainly come under attack again by the Lunatic Left!

Rob citizenship
Rob citizenship
5 months ago

What you wrote about the “Chevron deference” Mr. Flannigan — ” Conservatives have long held upthat Chevron deference was one of the great errors in the Court’s history as it empowers unelected bureaucrats to essentially make law.” So, the essence of the Chevron deference is all about when a law is vague or ambiguous federal judges must defer to whatever interpretation of that law executive agencies put forward. That sounds like something that goes against the fundamental concept, the essence of what Conservative is all about. Everyone makes mistakes, what matters is how the mistake, the error is corrected. And when it is corrected. This issue should be a priority topic of interest for all true Conservatives . Sure appreciate this article Aaron , very important what you wrote.

.

Robert Zuccaro
Robert Zuccaro
5 months ago

Have they ruled on the question of “what is a woman?” yet? Apparently you have to be a “biologist” to know….

Melinda
Melinda
5 months ago

If this conservative court rules in favor of more freedom from regulation, the leftists will be screaming again. Let them, they love being emotional!

Nevadassvi
Nevadassvi
5 months ago

Several rational issues to be addressed. Just want the Constitution to be strengthened

Billberts
Billberts
5 months ago

If the executive and legislative branches ignore supreme court rulings and no one requires them to follow then what happens? Our leaders aren’t following existing laws like the border issue and no consequences to them. That is just one example that comes to mind.

Jimmy P
Jimmy P
5 months ago

Thank God on your knees that Donald Trump won in 2016 and we got 3 non-wackjob activists onto the Court. By the grace of God, THANK YOU!!!

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