SCOTUS Rules In Gay Rights Foster Care Case | Justices Uphold ACA Again | The Case For Breyer’s Retirement
June 17, 2021
THE TREND CONTINUES
|The Supreme Court this morning ruled unanimously in favor of a Catholic charity that refuses to work with same-sex couples. The ruling comes as a victory for religious rights advocates and a setback for the gay rights movement. The 9-0 decision found the city of Philadelphia went too far in imposing its anti-discrimination law on the charity. Justices had to consider whether the Constitution allows a religious freedom exception to anti-discrimination laws. CHIEF JUSTICE JOHN ROBERTS wrote for the majority, “The refusal of Philadelphia to contract with CSS for the provision of foster care services unless CSS agrees to certify same-sex couples as foster parents violates the Free Exercise Clause of the First Amendment.” Today’s ruling continues the high court’s trend of siding with religious freedom advocates.
I WANT YOU TO STAY
|The Supreme Court today also rejected yet another challenge to the Affordable Care Act, finding that Republican-led states that brought the lawsuit lacked legal standing. It’s the third time SCOTUS has upheld the law, and four of the court’s conservative justices joined with the three liberal justices to throw out the challenge. JUSTICE STEPHEN BREYER wrote for the majority and JUSTICES SAMUEL ALITO and NEIL GORSUCH dissented.
AN OPPORTUNITY TO EXIT
|For The Guardian, David Smith covers an “extraordinary joint letter” issued by 18 legal academics that calls for JUSTICE STEPHEN BREYER to resign from the Supreme Court. Signatories such as ERWIN CHEMERINSKY, SAMUEL MOYN, and ZEPHYR TEACHOUT say in their statement, “Breyer is a remarkable jurist, but with future control of a closely divided Senate uncertain, it is best for the country that President Biden have the opportunity to nominate a successor without delay.” Smith notes their commentary comes just after SENATOR MITCH MCCONNELL warned Biden would not get a Supreme Court nominee confirmed in 2024 if Republicans regain control of the Senate.
HIT THE ROAD JACK
|“Another day, and more unsolicited advice for JUSTICE STEPHEN G. BREYER.” That’s Robert Barnes with The Washington Post also covering the push from progressives for the Supreme Court’s eldest justice to step down so PRESIDENT BIDEN can nominate a successor while Democrats hold the Senate. Barnes notes, “The pressure is unprecedented, if not new. As soon as Biden was elected, liberals began calling on the 82-year-old Breyer to retire, and his decision will be as closely watched as any of the opinions the court hands down as it completes its work this month. Supreme Court justices are adept at not giving hints about their plans, often not even informing their colleagues until just before an announcement. But Breyer has given no indication he is ready to leave. He has reportedly hired a full contingent of clerks for the term that begins in October, although that could be a matter of keeping options open rather than reflecting a decision.”
JUST A THOUGHT
|Could JUSTICE BREYER retiring help depoliticize the Supreme Court? The Editorial Board of The Los Angeles Times seems to think so. It notes that while it supports fixing SCOTUS with 18-year term limits, until that reform can be achieved there are other ways to “lower the political temperature.” The Ed Board suggests, “By ensuring that Biden would get to appoint his replacement, Breyer could assuage somewhat the lingering grievance of Democrats about a ‘stolen’ Supreme Court seat and make it less likely that a Biden nominee would face the same fate as Garland if Republicans regained control of the Senate in next year’s election. A timely retirement by Breyer might also make it easier for Senate Democrats and Biden to reject the notion of expanding or ‘packing’ the Supreme Court.”
SCOTUS VIEWS
The Truth Teller of the Supreme Court
The New York Times“Clearly, after 12 years on the court, Justice Sotomayor has entered cultural icon territory, reminiscent of the status Justice Ruth Bader Ginsburg achieved before her death last September. But I want to emphasize another, perhaps underappreciated source of Justice Sotomayor’s distinction. She has become the Supreme Court’s truth teller.”
How Biden and Democrats Should React To McConnell's Supreme Court Comments
NBC News“When McConnell engages in a brazen power grab, the temptation may be to urge Democrats to respond in kind. But if both sides engage in constitutional hardball, both sides will be battering democratic institutions, which means they are likely to end up weaker, not stronger. Such short-term thinking may cheer and rally the liberal base, but the Democrats will then present themselves to the wider voting public as no better than the Republicans.”
OTHER NEWS
Supreme Court Justice Brett Kavanaugh's Rise Continues To Fascinate In 'Dissent'
NPR“Kavanaugh’s ascension to the nation’s highest court is the subject of Dissent, the new book from Los Angeles Times White House editor Jackie Calmes. It’s not the first book to tackle the rise of the controversial justice — Ruth Marcus did so in Supreme Ambition, as did Robin Pogrebin and Kate Kelly in The Education of Brett Kavanaugh — but it’s a fascinating look not only into the life and career of Kavanaugh, but also into the American conservative movement’s successful long-term plan to move the Supreme Court rightward.”