It’s that time of year again. That’s right, this Monday is the first Monday in October, which marks the beginning of the new Supreme Court term. I know what you’re thinking. “I haven’t even gotten over the last Supreme Court term. I’m definitely not ready to see what the Court has on tap for its new year.” Extremely same, readers. Extremely same.
It would not be hyperbolic to say that the last Supreme Court term was cataclysmic. Not only did the Court’s emboldened conservative super-majority lay waste to almost 50 years’ worth of abortion jurisprudence, it significantly expanded Second Amendment protections, limiting the authority of states to ban the public carrying of firearms, while also endorsing a maximalist understanding of religious liberty.
Typically, Supreme Court terms tend to oscillate in terms of their sweep. A term like the most recent term, filled with landmark cases, typically would be followed with a quieter term, with fewer bombshells and minefields. But not this year. My colleague, Leah Litman, was not joking when she said this Court was in full “YOLO” mode. And if you only live once, you might as well do the most with your conservative super-majority. Which is why October Term 2022 is shaping up to be another barnburner, with the Court taking up a range of hot button issues, including affirmative action, Native American civil rights, environmental regulation, LGBTQ civil rights, state legislative authority, and voting rights.