The three 6-3 rulings at the end of last week — rejecting affirmative action in college admissions, favoring the speech of the religious over anti-discrimination laws and torpedoing President Biden’s plan to forgive student loan debt — showed the ongoing dominance of the court’s conservative supermajority, says an analysis by Robert Barnes, a longtime reporter on the court for The Washington Post.
But they were among only five cases — there were 14 last term — in which those ideological lines held.
Over the course of the term, Clarence Thomas and Samuel Alito, the most conservative justices, dissented more often from the court’s decisions than its most liberal members, Sonia Sotomayor and Ketanji Brown Jackson, according to the website Empirical Scotus.
Completing his 18th term, Chief Justice John Roberts was in the majority in every one of the court’s most important cases, and he chose to write the opinions in four of them.
"It was a remarkable turnaround from last year, when he was unable to persuade his conservative colleagues not to overturn Roe v. Wade, the most defining decision of the court’s recent history,” says Barnes.
The issues the court confronts change every year, and the ones tackled this term aligned with Roberts’ long-held views, Barnes says. "He has never voted in favor of an affirmative action program; his decision striking the admissions programs at his alma mater, Harvard University, and the University of North Carolina is a continuation of the aversion to race-based plans he expressed in 2007, in cases involving public schools in Seattle and Louisville.”
"Roberts’ rejection of the Biden administration’s claim of power to forgive student loan debt for more than 40 million Americans was an echo of his ruling last term that the Environmental Protection Agency lacked the authority it had staked out over climate change. His vote in 303 Creative v. Colorado, holding that a Christian web designer has a First Amendment right to withhold her services from same-sex weddings, was no surprise either, because of past rulings on religious rights.”
But Roberts wrote the decisions in both voting cases that were praised by liberals and Democrats, one on Alabama redistricting and the other rejecting the independent state legislature theory.
The American Civil Liberties Union was on the losing side in 13 of the 18 cases in which it filed briefs last year but had a winning 11-7 record this term.
“What seems clear is that everyone overread last term, and thought everything was up for grabs,” says David Cole, ACLU legal director. “The right advanced extreme arguments that the court rejected,” especially in the Alabama and independent state legislature cases, he says.
“Many saw as the emergence of a new center of the court, composed of Roberts and Justices Brett Kavanaugh and Amy Coney Barrett … all reliable conservatives,” Barnes says.
The justices restored, for now, the status quo on the availability of medication abortions, declined a request to reinstate West Virginia’s ban on transgender athletes in girls’ sports and put aside an attempt to block New York’s new restrictions on concealed firearms. In all three rulings, only Thomas and Alito noted concern.
“Justices Kavanaugh, Barrett, and even [Neil] Gorsuch at times have rejected the more conservative views of Justices Thomas and Alito in many of the term’s most high profile cases,” says Harvard law professor Richard Lazarus.
Here is a review of the court’s term by The Associated Press’ longtime reporter on the court, Mark Sherman.
And here is the analysis of NPR’s longtimer, Nina Totenberg.