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The Supreme Court’s Next Targets
The Atlantic ^ | May 19, 2022 | Adam Harris

Posted on 05/19/2022 6:07:56 AM PDT by where's_the_Outrage?

Following the Supreme Court’s leak of a draft decision overturning Roe v. Wade, many Court-watchers and pundits have pointed to same-sex marriage and access to contraceptives as rights now potentially at risk. And while in the long run the logic set forth in Dobbs v. Jackson Women’s Health Organization could undermine those precedents, the Court may eviscerate other major areas of law far sooner—in fact, with cases on its docket this current term. Notably, the Court may soon declare the use of race in college admissions—affirmative action—illegal, and it may also massively constrain the power of the federal government to protect the environment.

The questions at hand in each case—Dobbs, Students for Fair Admissions v. Harvard, and West Virginia v. Environmental Protection Agency—differ. But they all raise issues that have been the targets of conservative legal scholars for decades, and they will now be decided by a right-wing Court with seemingly little commitment to its own precedents......

The lower courts’ decisions and decades of precedent should lead the Supreme Court to side with Harvard in Students for Fair Admissions v. Harvard, David Hinojosa, the director of the Educational Opportunities Project at the Lawyers’ Committee for Civil Rights Under Law, told me. And despite the draft Dobbs opinion, he’s trying to have faith that the Court will rule in Harvard’s favor.

Perhaps with even less public awareness, the Court may also decimate the federal government’s power to make regulations that protect the environment. In West Virginia v. Environmental Protection Agency, which challenges the EPA’s ability to regulate carbon emissions, the Court could invoke what is known as the non-delegation doctrine—a theory that effectively says Congress cannot easily empower the executive branch to figure out the details of regulatory policy.

(Excerpt) Read more at msn.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: affirmativeaction; constitution; roevswade; scotus; scotusleak
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To: uranium penguin; All
The loans, for example, give the power to regulate and mandate.

Tossing out race-based admissions by the people of California was upheld. Whether “positive” or “negative” discrimination is discrimination. Objectively better students should not be passed over for admission just because their ethnic or other group identity reached an arbitrary cap.

41 posted on 05/19/2022 7:42:20 AM PDT by newzjunkey (“We Did It Joe!” -The Taliban / “Thanks Joe!” -Putin)
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To: jpsb

I long argued, and ruffled feathers at FR, “marriage” is the domain of religion. Government is only in the “marriage” business because of property rights. I argued government need be in the civil union business only and leave “marriage” to the faithful.


42 posted on 05/19/2022 7:48:02 AM PDT by newzjunkey (“We Did It Joe!” -The Taliban / “Thanks Joe!” -Putin)
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To: qaz123

The reason they must forecast the end of gay marriage and other things is because they cannot defend keeping Roe.


43 posted on 05/19/2022 7:59:27 AM PDT by Erik Latranyi (We are being played by forces most do not understand)
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To: jpsb
affirmative action=racism

Yep. It's the best (only?) example of systemic racism that I can think of, where racism is legal and encouraged by the left.

44 posted on 05/19/2022 8:32:28 AM PDT by libertylover (Our BIGGEST problem, by far, is that most of the media is hate & agenda driven, not truth driven.)
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To: where's_the_Outrage?

See tagline.

45 posted on 05/19/2022 11:04:35 AM PDT by Albion Wilde ("Government is the problem." --Milton Friedman)
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To: where's_the_Outrage?

“next target”

The Atlantic is just a leftist comic book.


46 posted on 05/19/2022 11:05:48 AM PDT by es345st
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To: bassmaner

^^^^

This.

L


47 posted on 05/19/2022 11:06:57 AM PDT by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is)
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To: fieldmarshaldj

Marriage is an issue for the states and you are right, it needs to go immediately.


48 posted on 05/19/2022 11:16:38 AM PDT by Midwesterner53
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To: where's_the_Outrage?

bkmk


49 posted on 05/19/2022 2:07:31 PM PDT by Sergio (An object at rest cannot be stopped! - The Evil Midnight Bomber What Bombs at Midnight)
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To: newzjunkey

I agree.


50 posted on 05/19/2022 2:44:54 PM PDT by jpsb
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To: where's_the_Outrage?

The supreme court unlike the antiAmerican Atlantic, has no target.

The Atlantic publisher should be drug through the streets for this article


51 posted on 05/19/2022 2:48:40 PM PDT by bert ( (KWE. NP. N.C. +12) Promoting Afro Heritage diversity will destroy the democrats)
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To: where's_the_Outrage?

The supreme court unlike the antiAmerican Atlantic, has no target.

The Atlantic publisher should be drug through the streets for this article


52 posted on 05/19/2022 2:48:50 PM PDT by bert ( (KWE. NP. N.C. +12) Promoting Afro Heritage diversity will destroy the democrats)
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