December 2, 2022

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Recent decisions from SCOTUS changing American law

Following another big decision on Monday from the U.S. Supreme Court in less than a week, legal scholars said the court is changing the course of the legal system in the country.The court now leans conservative with a 6-3 majority. Legal experts said the justices are interpreting the Constitution much differently than in the past. The Supreme Court ruled in favor of a high school coach who was fired for praying on the field after game, an issue of the separation of church and state. “This current Supreme Court puts the emphasis on the rights of the individual to engage in their preferred religious practices than it does on sort of the societal rights and benefits of having a strong separation between church and state,” University of Baltimore School of Law Professor Michele Gilman said.Gilman said it’s the latest in a string of groundbreaking rulings from the high court after ruling last week on gun rights and overturning of Roe v. Wade. She said the court usually holds off releasing significant opinions until the end of the term, but the opinions are changing a lot of precedents. “I think a lot of constitutional law scholars are concerned about this really strict originalist turn that the court is taking the idea that the Constitution was frozen in time as of the date of its enactment,” Gilman said. The term ends this weekend and a few more decisions are expected before then. On the Remain in Mexico immigration policy and a ruling on how much power the EPA has, Gilman expects more upheaval. “I think for conservatives, they see an open door to walk through to effectuate more of their preferred policy changes and on the other hand for progressives, it’s very concerning that the Supreme Court, which was long considered a protector of civil or human rights, is no longer playing that role,” she said.Gilman said the court is doing things differently than in the past. She said she is concerned its coming on top of so much political unrest in the country. “Normally, we count on the judicial branch to be the calmer, more incremental steady branch of government and with these opinions that have been issued in the last few days, those assumptions have really been blown to smithereens and we’re seeing as much destabilization from the Supreme Court as we are from the political branches and that’s a lot for American society to handle right now,” Gilman said.A new justice, Ketanji Brown Jackson, will be sworn in before the next term, but she is replacing another Democrat on the court, so it won’t change the balance of power.

Following another big decision on Monday from the U.S. Supreme Court in less than a week, legal scholars said the court is changing the course of the legal system in the country.

The court now leans conservative with a 6-3 majority. Legal experts said the justices are interpreting the Constitution much differently than in the past.


The Supreme Court ruled in favor of a high school coach who was fired for praying on the field after game, an issue of the separation of church and state.

“This current Supreme Court puts the emphasis on the rights of the individual to engage in their preferred religious practices than it does on sort of the societal rights and benefits of having a strong separation between church and state,” University of Baltimore School of Law Professor Michele Gilman said.

Gilman said it’s the latest in a string of groundbreaking rulings from the high court after ruling last week on gun rights and overturning of Roe v. Wade. She said the court usually holds off releasing significant opinions until the end of the term, but the opinions are changing a lot of precedents.

“I think a lot of constitutional law scholars are concerned about this really strict originalist turn that the court is taking the idea that the Constitution was frozen in time as of the date of its enactment,” Gilman said.

The term ends this weekend and a few more decisions are expected before then.

On the Remain in Mexico immigration policy and a ruling on how much power the EPA has, Gilman expects more upheaval.

“I think for conservatives, they see an open door to walk through to effectuate more of their preferred policy changes and on the other hand for progressives, it’s very concerning that the Supreme Court, which was long considered a protector of civil or human rights, is no longer playing that role,” she said.

Gilman said the court is doing things differently than in the past. She said she is concerned its coming on top of so much political unrest in the country.

“Normally, we count on the judicial branch to be the calmer, more incremental steady branch of government and with these opinions that have been issued in the last few days, those assumptions have really been blown to smithereens and we’re seeing as much destabilization from the Supreme Court as we are from the political branches and that’s a lot for American society to handle right now,” Gilman said.

A new justice, Ketanji Brown Jackson, will be sworn in before the next term, but she is replacing another Democrat on the court, so it won’t change the balance of power.