Supreme Court makes it clear there's a red America and a blue America

그만큼 US Supreme Court ended its most explosive term in decades this week deeply split along ideological lines, 미국과 헌법에 대한 두 가지 다른 비전을 드러내다.

아홉 명의 재판관, in the cases that most captured the country’s attention, mirrored the rest of the nation at a perilous moment as they issued opinions with irreconcilable views on reproductive health, 종교, gun rights and the environment.
As news of the decisions swept through the states, the reaction was predictable. Red states rejoiced, especially in the area of abortion, as some raced to ban or further restrict the procedure. Blue states, 반면에, set out to digest stunning new implications that will change the way Americans live.
    For their part, liberals believe that the court’s majority, made possibly by 도날드 트럼프‘s presidency, is rewriting the rules, decimating precedent and destabilizing the court.
      보수주의자, 반면에, believe the justices in the majority are correcting the course of constitutional jurisprudence. They realized a 50-year dream to upend what had been a constitutional right to abortion, while also bolstering a right to keep and bear arms for the first time in a decade.
        The competing sides have entirely different visions of the law and of American society generally,” said Daniel Epps, a professor of law at Washington University in St. Louis.
        He said that the conservative wing of the courtlooks backwards to what it sees as history and tradition.
          그 동안에, Epps added, “the liberal wing is sounding the alarm about what the conservativesproject means for the future and how it represents a radical change, not a restoration of the past.
          Caught in the middle is the country and court as an institution. It is lost on no one that the building itselfthe marble palaceis currently crouched behind high security fences and closed to the public.

          Abortion politics

          The divide between the two sides was the starkest when the court overturned Roe v. 걸어 건너기.
          사무엘 알리 토 판사, writing for the majority, said that the court went astray in 1973 when it recognized a federal constitutional right to abortion in a landmark opinion.
          Roe was egregiously wrong from the start,” he said in Dobbs v. Jackson Women’s Health Organization. “Its reasoning was exceptionally weak, and the decision has had damaging consequences.
          For Alito, Roe and the 1992 Planned Parenthood v. Casey decision never solved any questions, they onlyenflamed debate and deepened division.He emphasized thatno such right is implicitly protected by any constitutional protectionand that the decision belongs in the political sphere.
          Liberals, 하나, see the issue from an entirely different prism, starting with women’s rights.
          One result of today’s decision is certain,” the three liberal justices wrote together in a rare joint dissent, “the curtailment of women’s rights, and of their status as free and equal citizens.
          Now that Dobbs is on the books, the dissenters said a state can transform “뭐, when freely undertaken, is a wonder into what, when forced, may be a nightmare.
          Central to their thinking was that the Constitution will no longer provide a shield despite itsguarantees of liberty and equality for all.
          While conservatives see no right in the Constitution, liberals counter that it is grounded in the 14th Amendment’s guarantee of liberty. The liberal justices said that the framers of the Constitutionunderstood that the world changesand that rights could be definedin general terms, to permit future evolution in their scope and meaning.
          For conservatives such as Carrie Severino, president of the Judicial Crisis Network, a group that supported Trump’s nominees, liberals are the ones guilty of not following precedent in other areas, including the Second Amendment.
          The left has always tried to create a different set of rules for cases involving abortion, and this is just another,” 그녀는 CNN에 말했다
          A week after the opinion published, abortion care was banned or severely restricted in a dozen states, according the Guttmacher Institute, a nonprofit that tracks abortion laws across the country and supports abortion access. Five states, including Alabama, Arkansas , 미주리, Oklahoma and South Dakota, enforced total bans. Others state began enforcing six-week bansbarring the procedure before most women even know they are pregnant.
          Liberal-leaning states are working to secure funds to protect clinics, as well as help fund travel and lodging for women coming in from states hostile to abortion.
          금요일에, 민주당 정부. Phil Murphy of New Jersey signed into law two bills protecting out-of-state residents seeking reproductive services and reproductive health care providers. The laws will shield health care providers from other state’s inquiries and prohibit the extradition of any woman who comes to New Jersey seeking legal abortion services.
          The measures willexplicitly protect the rights of out-of-state women to an abortion in New Jersey,” Murphy said Friday.

          Second Amendment and gun rights

          The Second Amendment was implicated in New York State Rifle & Pistol v. Bruen, when the Supreme Court struck down a New York gun law enacted more than a century ago that placed restrictions on carrying a concealed handgun outside the home.
          수년간, Justice Clarence Thomas and other conservatives had urged the court to expand gun rightsaccusing lower courts of thumbing their noses at the constitutional right to bear arms.
          It was Thomas who wrote for the 6-3 majority in Bruen. Not only did he strike the New York law but he set out a new standard by which courts should evaluate other gun laws, marking the widest expansion of gun rights in a decade.
          Thomas said that, going forward, the governmentmay not simply posit that the regulation promotes an important interest.” 차라리, 그는 말했다, the government must demonstrate that the regulationis consistent with this Nation’s historical tradition of firearm regulation.
          In a scholarly opinion, Thomas spent several pages taking what he called along journey through Anglo American history of public carryto conclude that New York had failed to meet its burden to identify an American tradition that would justify the state’s law.
          The opinion will directly affect a handful of states with laws similar to New York’s law. 이미, New York is moving to modify its permitting scheme while also imposing stricter training requirements and expanding a list of sensitive places where guns are prohibited, said Andrew Willinger, the executive director of the Center for Firearms Law at Duke.
          Speaking at a news conference in Albany, 뉴욕, 금요일에, 민주당 정부. Kathy Hochul said, “The Supreme Court decisions were certainly setbacks, but we view them as only temporary setbacks because I refuse, as I’ve said from day one, I refuse to surrender my right as governor to protect New Yorkers from gun violence or any other form of harm.
          But because Thomas articulated a new standard for courts to use when considering gun laws, states with tough gun regulations are likely to see an array of new challenges from individuals emboldened by Thomas’ 의견.
          “앞으로, we can expect challenges to gun regulations across the board,” Willinger said, “particularly in states with regulations that do not have a clear support in the historical record.
          Justice Stephen Breyer, writing for his liberal colleagues, seemed mystified by Thomas’s approach. Over several angry pages, he wondered why the majority would tell lower courts that they could put less emphasis, when considering gun laws, on a state’s justification for a law.
          The primary difference between the Court’s view and mine is that I believe the Amendment allows States to take account of the serious problems posed by gun violence,” 그는 말했다.
          To illustrate his point, Breyer dedicated a substantial part of his opinion to the issue of gun violence. He noted that 45,222 Americans were killed by firearms in 2020 and that since the start of the year there have been 277 reported mass shootings.
          For his part, Alito, who had joined the majority opinion, wrote separately to criticize Breyer’s reference to mass shootings.
          다시, the two sides seemed to be talking about different cases.
          While liberals stressed an aim to regulate guns to diminish gun violence, Alito was concerned with people who wanted a gun to protect themselves.
          He wrote about those whoreasonably believe that unless they can brandish or, 필요하다면, use a handgun in the case of attack, they may be murdered, raped or suffer some other serious injury.

          Church and state

          In two religious liberty cases, the two sides were once again at odds, splitting along ideological lines.
          Kennedy v. Bremerton, 법원은 판결했다 6-3 in favor of a public high school football coach, Joe Kennedy, who wanted to pray at the 50-yard line after games. The school district suspended him, fearful that it would look like the school was favoring religion in violation of the Establishment Clause of the Constitution.
          The conservatives saw the case as discrimination against free exercise and free speech; the liberals saw it as the entanglement of state with religion.
          Justice Neil Gorsuch wrote the opinion siding with Kennedy, holding that he had First Amendment rights to pray and that the Establishment Clause does not require the governmentto single out private religious speech for special disfavor.
          The liberals struck back, expressing concern that students at the school would feel coerced to participate. Justice Sonia Sotomayor said that the court’s majority had broken new groundpaying almost exclusive attentionto the Free Exercise Clause’s protection of religious exercise, while givingshort shriftto the Establishment’s Clause’s prohibition on state establishment of religion.
          Sotomayor said the majority decision does adisservice to schoolsas well as the nation’slongstanding commitmentto the separation of church and state. She called it aperilous path in forcing States to entangle themselves with religion.
          다른 경우 penned by Chief Justice John Roberts, ㅏ 6-3 court said that Maine cannot exclude religious schools from a tuition assistance program that allows parents to use vouchers to send their children to public or private schools.
          The State pays tuition for certain students at private schoolsso long as the schools are not religious. That is discrimination against religion,” 그는 말했다.
          Breyer took the wheel for the liberals, rejecting the notion that the case was about discrimination. For Breyer, WHO retired Thursday after nearly 30 years on the bench, it was about the need for government to stay out of the business of funding religion. Neutrality is necessary, he argued, by the fact that the United States has 330 million people who ascribe to over 100 different religions.
          Breyer said that the Establishment Clause that bars the government from endorsing religion and the Free Exercise Clause that protects the practice of religion can work together. “The Religion Clauses give Maine the right to honor that neutrality by choosing not to fund religious schools as part of its public school tuition program,” 그는 말했다.

          Environment and climate change

          On the last day of the term, the court again split along ideological lines in an important environmental case. ㅏ 6-3 majority curbed the Environmental Protection Agency’s ability to broadly regulate carbon emissions from existing power plants
          The opinion capped off a furious battle between states that believe the EPA has broad authority to regulate under the Clean Air Act and those who say that authority is limited.
          The dispute began back in 2015, when the Obama administration announced itsClean Power Planaimed at combating climate change.
          It was immediately challenged by dozens of parties, 포함 27 opposing states, and it never went into effect. When Trump came into office, his EPA passed theAffordable Clean Energyrule, which drew a challenge from others, including blue states. When the DC circuit court froze that plan, West Virginia led other red states to the Supreme Court.
          At the Supreme Court, 다시, the red states won.
          For Roberts, it boiled down to an agency’s authority. He said that while a move to cap carbon dioxide emissions at a level that will force a nationwide transition away from the use of coal to generate electricitymay be a sensible solution to the crisis of the day,” Congress had not given the EPA such broad authority.
          A decision of such magnitude and consequence rests with Congress itself,” Roberts said.
          엘레나 케이건 판사, characteristically blunt, dedicated much of her dissent not to agency power, but to the problems in the environment. If the current rate of emissions continues, children born this year could live to see parts of the Eastern seaboard swallowed by the ocean,” 그녀가 말했다.
          In her view, Congress had given its blessing, and she found the majority’s focus on an agency’s authorityfrightening.
          조 바이든 대통령 called the decision “지독한” and said the opinion would take the countrybackwardswhile damaging thenation’s ability to keep our air clean and combat climate change.
          The American public is split politically but overall is not thrilled with the court. Gallup released a poll showing that only 1 에 4 Americans have agreat deal” 또는 “quite a lotof confidence in the high court. That is a record low, 하위 11 percentage points from last year.
            The beliefs espoused by the conservative majority of the court are not just different from but in fact are diametrically opposed to those of at least half the country,” said Jessica Levinson, a professor at Loyola Law School.
            And thus while a large part of the country may view the court as out of step with their views,” Levinson said, “another swath of the country feels they finally have a court that reflects their views.

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