That guy's,
the Supreme Court set for a major year in 2022
were expecting decisions in cases on big issues like abortion,
gun rights,
the death penalty and plenty more the court also poised to restrict abortion
rights yet again and it could also
strike down existing abortion precedent entirely.
But this comes as several justices took time last year to argue that the court is not a
political body that despite the significant shift in decisions
under the new 6 to 3 conservative majority.
So let's bring in KT Barlow,
host of Words matter and media editor over at my favorite websites,
scotus blog Katie, always good to have you here on cheddar news.
So before we look ahead to the Supreme Court, let's look back at 2021.
What maybe have we learned about this court with the
63 lineup of justice is that we have right now,
What a year it has been in 2021.
I can't believe everything that has happened at
the Supreme Court in just a single year,
but we seem to be saying that every year, I think
we've learned a couple of things from this 63 majority.
First,
they are interested in tackling some of the major
issues that could come before the Supreme Court.
We saw them grant cases on abortion rights,
agree to hear that case in Mississippi out of Mississippi uh and on gun rights
and those cases weren't granted when the court
was five for a conservative majority still,
but with Chief justice roberts being that fifth conservative member of the court,
something appears to have changed with Justice Amy
coney Barrett replacing Justice Ginsburg on the bench.
So I think the first thing is they're interested in tackling
or at least wading into some of those major issues.
And the other thing we learned from this court
that I think is really interesting about this past year
is that they're interested in being responsive
this national conversation we're having about the court and its role.
We saw the justices given number of speeches as you pointed out saying, you know,
we're not a political body.
Um and we've been talking about the shadow docket a lot these these cases that come
up to the court on an emergency basis and they have a quick response and sometimes
there's no opinion. Um The Supreme Court has pivoted on a few of those things.
They've opened up some of their talks for the public to come in.
They have expedited cases and added oral arguments on a very quick 10 day timeline.
We saw that in the texas abortion case,
so they're responsive to this national political conversation that we're having
Now that there is a 6, 3 Conservative majority.
So at least two things we've learned this year so far.
Yeah, indeed, and so let's talk about abortion.
You mentioned that clearly that is going to be the issue next year.
All we're expecting that potentially to be early summer
when we might get a decision from the court
here and we've all over analyzed the audio recordings
of the questions from the from the justices,
from what john roberts,
maybe once in terms of a middle ground allowing the states to figure something out
to potentially having three solid justices wanting to overturn Roe v wade.
What do you think maybe happens in preparation for this for this decision?
Well, look, that's great analysis that you just broke down.
I'm not sure you even need me here, but I think you're exactly right.
There are three votes that appear
pretty clearly interested in outright overturning
both Roe V wade and its sister case planned parenthood v Casey,
which affirmed the core holding of road that a woman has
the constitutional right to choose to have an abortion.
And those justices are thomas,
alito and Brett Kavanaugh and we didn't really know much about
which haven't stood on this issue before the oral argument,
but he said, you know what, the constitution is neutral on abortion,
It's not mentioned anywhere.
So perhaps it should be handled by the democratic process,
whether that's the individual states or Congress itself.
And then he listed a long litany of cases where
the court has overturned a previous ruling or announced a new
right cases like Obergefell with same sex marriage or Brown v
Board of Education where they struck down segregation in schools.
So that seemed to show his cards a bit. That's that's three votes to overturn.
And I think that is just a 20 carat justice Gorsuch.
I think there is a decent chance this year that we see
Roe overturned.
I think it's very possible and if not then
at least the Mississippi band at 15 weeks upheld.
Yeah. The other big thing when the term ends in june,
will we be having another court fight about who's being put on the court?
Because Stephen Breyer, the oldest justice on the court at 83 years old.
Obviously there's a lot of pressure on democrats to fill
that spot given the fact that he is so old.
Do you think we'll have a Supreme Court fight next year in terms of who replaces him?
I think that we will see a retirement this year.
I think it's a fair bet that Justice Breyer will step down at the end of this term.
And we know that President biden has promised to put
the first black female justice on the Supreme Court.
So that'll be what the summer is about.
That will be likely what we're talking about this summer. There are a number of
um incredibly intelligent woman on the short list
including his most recent nominee to the D.
C. Circuit Michelle Childs out of south Carolina. The D. C.
Circuit is often referred to as the second most important court in the land.
Earlier.
He appointed Judge Catania Brown Jackson to that court also a
black woman also on the short list for the Supreme Court.
Uh and there are also a number of others.
So I do think,
come june or july you and I will be talking about a retirement and
about a fight in the Senate over who the next justice will be.
Either way, I'm going to be incredibly exciting, Katie Barlow,
always good to have you here.
Happy New Year, Katie, thanks for joining us,
host of Words Matter and the media editor over at scotus blog.
And guys coming up after the break,
we're continuing our series highlighting young activists.
We're gonna chat with our next change maker.
On the other side of this break, don't go anywhere.