Supreme Court In 2022 Has A Lot On Its Plate
Supreme Court In 2022 Has A Lot On Its Plate
Now more than ever, considering the docket of cases that the Supreme Court of the United States is currently going to be ruling on in 2022, we need to be thankful for two people.
Those two people are Donald Trump and Mitch McConnell. Without Trump, we would not have three justices that are (mostly) originalists sitting on the Court today. And without Mitch McConnell, the guy who is currently proving to be a crap Attorney General would be sitting ON the Supreme Court. I suppose we can thank the late Harry Reid as well, for clearing the way for Trump’s SCOTUS nominations by invoking the “nuclear option” first.
Thanks to the actions of Trump and McConnell, the empty Scalia seat was filled by Neil Gorsuch, the retiring Anthony Kennedy was replaced by Brett Kavanaugh (in possibly the ugliest process ever seen), and the late Ruth Bader Ginsburg was replaced by Amy Coney Barrett. Without Donald Trump as president, all three seats would have been filled by Hillary Clinton by Ginsburg and Sotomayor clones, which is why the left desperately pushed the idea of court-packing – something Democrats 85 years ago refused to do, even for FDR.
Democrats’ dark fantasies aside, the Supreme Court, with three Trump appointees on it and Clarence Thomas as the longest-serving justice, is set to rule on some pretty heavy issues in 2022. This feels unusual in a midterm election year, according to legal analyst Jonathan Turley, but the Court has a full plate of politically hot issues.
The court has accepted a series of transformative cases with few available exit ramps. It recently added to that list.”
In other words, it is likely to issue historic rulings on abortion, gun rights and an assortment of other issues.”
The fact that the Supreme Court is going to hand down such decisions in a major election year is also noteworthy. The court tends to be more conservative in the selection of cases before major elections, but 2022 will put the court at ground zero in one of the most heated elections in history.”
Hang on to your cookies, people, because the Supreme Court is going to start off the year with a bang. Let’s look at the hot cases that are likely to become political weapons in this midterm year.
Biden v. Missouri and National Federation of Independent Business v. Department of Labor, Occupational Safety and Health Administration
Two words encompass these cases: vaccine mandates. Biden v. Missouri (now consolidated with Becerra v. Louisiana) is dealing directly with whether or not health care workers in facilities that accept federal funds (Medicaid and Medicare) must be vaccinated against COVID-19 unless they qualify for an exemption. National Federation of Independent Business v. OSHA is the consolidated case regarding the Biden administration’s mandate on private businesses with 100 or more employees to require vaccination against COVID-19, or regular testing of unvaccinated employees. Both cases, which were fast-tracked to the Supreme Court, are scheduled to start oral arguments on January 7th. It’s no stretch to say that the Court is going to be microanalyzed through this process, and that whatever decision comes down, will be a political bat used by both sides of the aisle in the midterms.
Once arguments are done, we have no idea how long it will take for the Supreme Court to rule on these cases. Will SCOTUS make everyone wait until June, or will they put forward a ruling a whole lot sooner than that?
Dobbs v. Jackson Women’s Health Organization
We have covered this case quite a lot on this blog, as it could signal the de facto, if not official, end to the constitutionally tortured Roe v. Wade decision. Regardless of the decision, the left is going to use this case to whip up their base into turning out to vote in huge numbers. The pro-life movement needs to do the same. This case is not nearly as time-sensitive as the ones regarding vaccine mandates, so a June decision is expected.
New York State Rifle & Pistol Association Inc. v. Bruen
Time for a Second Amendment case. Turley, in his description of this Supreme Court case, calls the New York law regarding concealed carry “badly drafted.”
In the latest badly drafted gun law to go before the court, New York has forced a challenge that could result in a major ruling reinforcing individual rights under the Second Amendment. The case deals with the Sullivan Act of 1911, giving local officials discretion over who can carry concealed guns based on a showing of “proper cause.” Bruen is likely to reinforce rights for concealed carry permits — negating a host of laws across the country.”
If Turley’s instincts prove correct, this case could void a lot of “may issue” state laws regarding concealed carry – and cause a temper tantrum among the gun-control left.
Any one of these cases would be considered A Big Deal in any year. All of them in a midterm election year? An even bigger deal. I’m going to say something that I seem to have been saying a lot lately when it comes to 2022 – brace yourselves. A lot is riding on these midterms, and because of that, a lot is riding on how the Supreme Court rules on these cases.