The Supreme Court is the highest-ranking federal court in the country. It is the judicial branch in our three-branch constitutional system of democratic government.
The court is specified as part of our federal government in Article III of the U.S. Constitution. However, the court was not officially established until the Judiciary Act of 1789. One year later, in 1790, the first U.S. Supreme Court was organized.
While the size and jurisdiction of the court have changed, justices have continually been responsible for two critical aspects of our federal government. The SCOTUS renders the final interpretation of state and federal law, plus it sets procedural rules for all federal courts.
Needless to say, it is an essential part of our democratic government. By nature, the High Court is entrusted with remaining politically unbiased. It has maintained that important balance for most of its 200-plus years of existence.
Nevertheless, over the last few decades, it has increasingly become more politically suspect. Frequently, final decisions can be predicted based on the conservative vs. liberal balance of justices sitting on the court at the time.
This is not always the case, but in a perfect system, it should never be a factor. Outspoken, Democrat-appointed judges have been the most vocally inclined. But the current court also has conservative-appointed judges who most consider “swing votes.”
There have been instances in our nation’s history where the inclinations of particular justices over a speculative window into potential rulings. During its 200-plus years of existence, few decisions have been as impactful on the nation as Roe v. Wade.
In the landmark 1973 SCOTUS decision, the court ruled it unconstitutional to deny a woman the right to have an abortion. This single case has been argued as vehemently as any in our history. It has created violent confrontations between pro-life and pro-choice activists.
Now, Roe v. Wade is back in the public spotlight. Most experts believe that the court will revisit the law at some point in the very near future. Pending cases, while seemingly unrelated, are proving to be clear indications of where the court may be headed.
One particular justice, often a key swing vote, is creating a great deal of speculation. Chief Justice John Roberts is that justice. Justice Roberts was appointed and approved by the U.S. Senate during President George W. Bush’s presidency.
In recent cases, Roberts has frustrated conservative lawmakers by taking a liberal stance on decisions. However, the outcome and decision from a case unrelated to abortion has many conservatives hopeful.
Some even insist that it may open the door for Roe v. Wade’s being repealed. Here’s the reasoning. Justice Roberts wrote for Cummings v. Premier Rehab Keller. This was a case involving the recovery of damages under the Rehabilitation Act of 1973.
It was a 6-3 decision. None of this really has any relationship to Roe v. Wade, except for which justice is writing the majority opinion. To shed some more light on why conservatives feel this is important, we look at pending cases, one specifically addressing abortion laws.
Dobbs v. Jackson Women’s Health Organization is a case currently pending before the SCOTUS. Rarely, if ever, do justices write more than one majority opinion during a setting. If Roberts were to write the opinion for this case, it would be his second since December.
No other Supreme Court justice would have one. It would be extremely out of the ordinary for him to write another. Again, this has many conservative, pro-life advocates excited by the prospects.
Bloomberg News Supreme Court reporter Greg Stohr tweeted, “Roberts’ authorship of this opinion suggests (but does not guarantee) that he is NOT writing the abortion decision.” Real Clear Politics Senior Elections Analyst Sean Trende backed up Stohr’s belief.
Trende tweeted, “Justices almost always write one opinion.” South Carolina Republican senate candidate Tim Swain believes this indicates an increasing chance that Roe v. Wade could be overturned. Supreme Court terms are usually defined beginning in October.
This unofficial term typically ends in June or early July. Roberts has now rendered two majority decisions within the current time-frame. Most people believe he will not render another. There is still no definitive evidence as to which way the court might decide on Dobbs.
If Justice Roberts does not write the Dobbs decision, the Court may take a harsher stance against a woman’s unrestricted right to terminate a pregnancy. A further indication of this possibility is the court’s five other Republican-appointed justices.
Each is far more likely than Justice Roberts to support conservative viewpoints. Likewise, there could be a compromise decision that does not strike down Roe v. Wade. Regardless of the outcome, there is little doubt Roe v. Wade is again at the forefront of political discourse.
The idea of how the SCOTUS might address this longstanding piece of hotly debated legislation will be a factor in the upcoming midterm elections. Abortion rights have a strong tendency to rile up both political parties’ bases. We should expect the same in November.