In the latest news from the Supreme Court, sharp disagreements have arisen among the nine justices over recent rulings, indicating a potentially fiery end to the current term. Despite finding majorities for limited outcomes, the justices are in conflict over the interpretation of decisions, leading to a number of major cases still pending before the term’s expected conclusion as soon as Friday.
Last week saw a headline-making decision on guns, with eight justices in the majority but five separate concurrences squabbling over the court’s methodology. This trend of doctrinal divisions has also been evident in lower-profile cases, even when the vote count is lopsided.
According to Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law, the high number of separate opinions in cases with relatively lower stakes is unusual. This suggests that the court is struggling to reach consensus, even in contexts where historically it has been able to do so.
A recent ruling on a Trump-era repatriation tax drew critique from several justices for not addressing the initial question the court had intended to resolve. Justice Brett Kavanaugh expressed frustration in a decision about a former city councilwoman who claimed she was wrongly arrested, describing the court’s decision to grant the case as “ill-advised.”
With more than a dozen cases still outstanding, including those involving emergency abortions, federal agency regulations, and former President Donald Trump’s immunity from election subversion charges, additional opinions are expected Wednesday, Thursday, and Friday.
The court has seen several decisions split along ideological lines, with the six conservative justices frequently forming a majority against the three liberals. This term has already witnessed the same number of 6-3 outcomes as the 2022-2023 term.
In a landmark decision last week, the court upheld a federal law prohibiting Americans who are the subject of domestic violence restraining orders from owning guns. Despite a majority opinion from Chief Justice John Roberts being supported by seven justices, five separate concurring opinions revealed deep divisions over the court’s interpretation of gun laws’ constitutionality.
Though the court is wrapping up a contentious term, there is still significant disagreement among the justices, with some decisions drawing unusually sharp concurrences that read like dissents. This dynamic has led to a lack of clarity in the law and a slower pace in resolving cases, despite the relatively small case load.
In summary, the Supreme Court’s current term has been marked by sharp divisions among the justices and a struggle to reach consensus on key decisions, with major cases still outstanding as the term draws to a close.
