Hard right majority endangers rights, the environment and public health
In June 2022, the Supreme Court issued rulings revealing the
court’s anti-precedent leanings:
Dobbs v. Jackson Women’s Health Organization–The SC ruled on
June 24, 2022, that the constitution does not provide a right to abortion,
overturning Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v.
Casey.
Oklahoma v. Castro-Huerta–On June 29, 2022, the SC ruled, after
ruling that much of the state of Oklahoma falls within indigenous reservations,
that state authorities can prosecute non-natives who commit crimes against
natives on reservations.
New York State Rifle & Pistol Association v. Bruen–The SC
ruled that states which have strict laws on carrying a concealed gun in public
violate the 14th amendment because it prevents law-abiding citizens from
exercising their second amendment rights.
Two rulings in May and June show that the Supreme Court looks at the separation of church and state differently:
Kennedy v. Bremerton School District–The SC ruled on June 27,
2022, that a public high school football coach had the constitutional right to
pray at the 50-yard line after a game.
Carson v. Makin–The SC ruled on June 22, 2022, that a program in
Maine excluding religious schools from a state tuition program violates first
amendment rights.
Two Regulatory Cases Before the Supreme Court
In October, the SCOTUS heard arguments for two regulatory cases.
One involves environmental regulations, and the other involves animal welfare
regulations.
Sackett v. EPA
On October 3, 2022, the S.C. heard oral arguments for a case called Sackett v. EPA. Michael and Chantell Sackett, Idaho landowners backed by the Pacific Legal Foundation, an anti-environmental legal group, brought the case in 2007 against the EPA. They bought land that was subject to the Clean Water Act protections.
Their
land included wetlands near Priest Lake, one of the largest lakes in Idaho, and
required a wetlands permit before it could be developed. The Sacketts sued
instead of obtaining a permit.
This is the second time they have appeared before the SCOTUS. The first occurred in 2012 when the SCOTUS ruled they have the right to bring a court challenge against an EPA compliance order.
Earthjustice filed an amicus brief to the Supreme Court on
behalf of 18 indigenous tribes who rely on the local waterways that flow
through their lands. An SC decision is likely in early 2023. Earthjustice calls the case a “major
attack on clean water.”
National Pork Producers Council v. Ross
The SC heard arguments in the National Pork Producers Council v. Ross on October 11, 2022. The case concerns California’s Proposition 12 law, which voters passed in 2018. The proposition imposes regulations on nationwide pork producers to establish 24 square feet of usable floor space per female pig (sow).
Industry groups filed a lawsuit to overturn the proposition. They argued
that it is unconstitutional under a “dormant Commerce Clause” doctrine that
limits states’ ability to pass laws that will affect interstate commerce.
Proposition 12 banned gestation crates which keep pregnant sows
in an area of about seven feet by two feet. That is barely larger than the
sow’s body. The pregnant sow is kept in the gestation crate for her entire
pregnancy.
A federal district court dismissed the lawsuit, concluding it
did not plausibly allege any constitutional violation. The U.S. Court of
Appeals for the Ninth Circuit affirmed that decision, and the Supreme Court
agreed to hear the case. The National Pork Producers Council released a statement that
said, “We appreciate the support of the Biden Administration and look forward
to the Court’s decision.”
