As the Supreme Court begins its new term, it’s clear that the court’s majority is determined to move the law much further to the right. The last term ended with the court overruling Roe v. Wade, dramatically expanding gun rights, rejecting the separation of church and state, and limiting the power of administrative agencies.
About half the docket for the new term is set, and what is striking is how the court is reaching out to take and decide cases to further its conservative vision of the Constitution. Traditionally the justices have focused on granting review in cases where there is a disagreement among the lower courts — with the Supreme Court’s role being to resolve these conflicts. Often in the past, the justices have stressed that they want to wait until many lower courts have ruled — until the issue has “percolated,” before weighing in.
But in many of the high-profile cases for this coming term, the court has stepped in even though there is no disagreement among the lower courts.