4th of JULY RECESS, 2023

The Supreme Court Friday struck down President Biden’s $10,000-$20,000 loan forgiveness program, 6-3, in another conservative v. liberal opinion. The decision placed a spotlight on the “sharp debate” between the court’s “two best writers,” Chief Justice John Roberts, and Justice Elana Kagan, on the major rules doctrine, says Adam Liptak in The New York Times. 

Roberts’ opinion for the majority said that mass cancellation of a program of such significance requires clear congressional authorization. 

For the minority, Kagan wrote, “In every respect, the court today exceeds its proper, limited role in the nation’s governance.”

Challenge to the loan forgiveness program came from two borrowers, whom the court ruled do not have standing in the case, and six conservative states the court said do have standing, NPR reports.

Definition: The non-partisan Congressional Research Service’s In Focus defines the major questions doctrine thusly: “Congress frequently delegates authority to agencies to regulate particular aspects of society, in general or broad terms. However, in a number of decisions, the Supreme Court has declared that if an agency seeks to decide an issue of major national significance, its actions must be supported by clear congressional authorization. … The Supreme Court never used that term in a major opinion prior to 2022, but the doctrine has recently become more prominent.” (Emphasis CRS.)

Congress weighs in: Speaker Kevin McCarthy (R-CA) tweeted; “President Biden’s student loan giveaways is ruled UNLAWFUL. The 87% of Americans without student loan debt are no longer forced to pay for the 13% who do.”

Upshot: A bill codifying student loan forgiveness will go nowhere in the Republican-majority House, though simply by introducing such law, Democrats will hope to gain a lot of voter support in the coming election year.

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Website Developer Does Not Have to Design for LGBTQ+ – The Supreme Court ruled 6-3 in another conservative v. liberal split that the First Amendment bans Colorado from compelling a website designer to create expressive designs with messages with which the designer disagrees, according to SCOTUSblog. In 303 Creative LLC v. Elenis et. al. web designer Lorie Smith sought an injunction from forcing her to create websites celebrating unions not between a man and a woman.  

--TL

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SCOTUS Strikes Down Affirmative Action in Higher Ed

The Supreme Court’s conservative majority struck down affirmative action for higher education, saying race used as a factor in university admissions violates the 14th Amendment, in its decision released Thursday (The Associated Press). Chief Justice John Roberts, writing the majority’s opinion* said the court has long concluded wrongly (as recently as 2016) that the touchstone of an individual’s identity is not “skills built or lessons learned, but the color of their skin. Our constitutional history does not tolerate that choice.”

An organization arguing that affirmative action discriminates against Asian students brought cases against two universities in Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. Harvard.

Justice Sonia Sotomayor wrote the minority opinion, saying the decision is not faithful to history, SCOTUS’ prior decisions and the facts of affirmative action, according to a report on NPR’s 1A. 

SCOTUS’ second Black justice, Clarence Thomas – long a critic of affirmative action – said the decision “sees universities’ admission (policies) for what they are; rudderless, race-based preferences designed to ensure a particular racial mix in their entering classes.”

SCOTUS’ third Black justice (and first Black female justice), Ketanji Brown Jackson, called the decision “truly a tragedy for us all.”

*Correction: The decision regarding Students for Fair Adminssions v. Harvard was 6-2. Brown Jackson had earlier recused herself as she was a member of the board overseeing Harvard, prior to being sworn in to the Supreme Court.

Igniting social media: Justice Brown Jackson has "ignited social media" with this quote, according to NPR: "With let-them-eat-cake obliviousness, today, the majority pulls the ripcord and announces 'color blindness for all' by legal fiat. But deeming race irrelevant in law does not make it so in life."

'Religious liberty' case: SCOTUS sided with an evangelical Christian postal worker who was denied a request to take Sundays off when the U.S. Postal Service wanted him to deliver packages on the sabbath. USA Today reports the court's 9-0 decision in Groff v. DeJoy was narrower ruling than religious liberty advocates had sought.

Remaining cases: SCOTUS expects to issue all remaining cases from the 2022-23 term by 10 a.m. Friday (per SCOTUSblog).

•What do you think? Hit the Comment section in the appropriate column, or email editors@thehustings.news. 

--TL

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SCOTUS Rejects Indy State Legislature Theory

The Supreme Court has rejected the Independent Legislature Theory with a 6-3 ruling that says state courts can overrule state legislatures’ power to regulate federal elections. The case brought by the Republican-dominated North Carolina legislature in Moore v. Harper sought to overturn the state’s supreme court rejection of a gerrymandered congressional map. The legislators argued the federal Constitution allows only state legislatures to rule on federal elections, and not state courts, reports NPR’s Nina Totenberg on All Things Considered.

Opponents of the Independent Legislature Theory feared a ruling against state courts would allow majority party legislators to choose Electoral College electors favoring their presidential candidate over the candidate chosen by popular vote. 

For the majority opinion, Chief Justice John Roberts wrote; “Although the Elections Clause does not exempt state legislators from the ordinary constraints imposed by state law, federal courts must not abandon their duty to exercise judicial review.”

Roberts was joined by two of three justices nominated by ex-President Trump, Amy Coney Barret and Brett Kavanaugh, as well as Justices Elana Kagan, Sonia Sotomayor and Ketanji Brown Jackson. Justice Clarence Thomas wrote the minority opinion and was joined by Samuel Alito and Neil Gorsuch. 

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While the center column of The Hustings joins Congress in taking its Fourth of July recess through July 9 (kind of), we will regularly update Supreme Court rulings through the end of June, and we will post your civil comments in the left and right columns. Go to the Comment section of the right or left column, or email editors@thehustings.news and indicate the side toward which you lean in the subject line.

--Todd Lassa

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