The Supreme Court of the United States returned to full power on Monday night with the confirmation of Judge Amy Coney Barrett. Now, it’s time to take a look at what’s ahead.
Breitbart reports that the Supreme Court, with Barrett, will hear and decide a number of important cases in the coming months.
What are they
Here, we are referring to cases that are already scheduled. And, the big one is Texas v. California, which is scheduled for November 10th.
This is the Obamacare case that Senate Democrats brought up time and again during the confirmation process of Barrett, trying to argue that a Supreme Court with Barrett will lead to the end of the Affordable Care Act. That, of course, wouldn’t be a bad thing, but it’s unlikely to happen.
Rather, the Supreme Court will look at one aspect of the Affordable Care Act, which is the individual mandate. The justices will consider whether it is unconstitutional when set to zero by Congress, and, if they find that it is, then they will consider whether the Affordable Care Act can continue without the individual mandate or whether the whole thing must go.
Another big case, Trump v. New York, that the Supreme Court will hear at the end of November has to do with apportionment. The justices will consider whether a president can exclude illegal aliens from being counted for the apportionment of seats in the House of Representatives.
And, finally, a few days after this apportionment case, on December 2nd, the Supreme Court will hear Department of Justice v. House Committee on the Judiciary. This case has to do with whether congressional Democrats can have access to grand jury evidence from Special Counsel Robert Mueller’s Russia collusion investigation.
These are just the scheduled cases. But, let’s not forget about the cases that could come up.
With widespread voting by mail, it is inevitable that either President Trump or Democratic Presidential Nominee Joe Biden or both are going to legally challenge questionable election results. It is not out of the realm of possibility that the Supreme Court could be asked to weigh in.
And, let’s not forget about ongoing cases regarding the election. The Supreme Court, for example, has already heard a number of cases regarding the extension of state voting deadlines. Some of those cases ended 4-4. Now, they won’t.
With Barrett’s confirmation, the Supreme Court has a dramatically different look, and that’s because one of the court’s most liberal justices, the late Justice Ruth Bader Ginsburg, has been replaced by Barrett, a conservative.
Now, the court has five decidedly conservative members: Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. Chief Justice John Roberts, too, an appointee of George W. Bush, is called a conservative, although he sides with liberals more often than one would expect a conservative to. Maybe, with this new makeup, we can get away from judicial legislation, and back to proper judicial decision making founded upon established law.