A new book from the American Bar Association’s Judicial Division, The Supreme Judiciary: October Term 2022, looks at the U.S. Supreme Court’s 2022-23 term, explaining each case in a neutral manner, neither praising nor criticizing the decisions.
Written by Erwin Chemerinsky, dean of the University of California at Berkeley School of Law, the book looks back at major cases addressed by the court and provides an informed focus on the implications of those decisions.
Chemerinsky writes about the Supreme Court’s profound reshaping with the appointments of justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, creating a solid six-justice conservative majority.
This was seen in the October Term 2021 with the court’s overturning Roe v. Wade and other significant rulings.
The impact was felt again, Chemerinsky writes, in the last days of October Term 2022, with a series of 6-3 decisions, moving the law significantly to the right in restricting affirmative action by colleges and universities, creating a First Amendment exception to state anti-discrimination laws for those engaged in expressive activities, and invalidating President Joe Biden's student loan forgiveness program.
There were also significant surprises from the conservative court, Chemerinsky writes, including rulings that rejected Alabama’s new congressional districts, rejected the "independent state legislature" theory and upheld the Indian Child Welfare Act.
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