The Supreme Court is always an important focus. Just nine people, but they carry a lot of weight in our system of government. After all, they decide whether a law can be permitted to stand or not, and there are a lot of laws that simply shouldn’t be permitted to remain on the books.
In fact, 2022 is looking to be a big year for the Court.
The late Justice Ruth Bader Ginsburg once observed that “it’s hard not to have a big year at the Supreme Court.” However, there are some years that are bigger than others. That’s what 2022 is likely to be.
The court has accepted a series of transformative cases with few available exit ramps. It recently added to that list.
In other words, it is likely to issue historic rulings on abortion, gun rights and an assortment of other issues.
The fact that the Supreme Court is going to hand down such decisions in a major election year is also noteworthy. The court tends to be more conservative in the selection of cases before major elections, but 2022 will put the court at ground zero in one of the most heated elections in history.
For those calling to pack the court to ensure a liberal majority, the already furious commentary is likely to reach near hysteria if the conservative majority rules as expected in some of these cases in the first half of 2022.
Here’s just a partial list of what is coming in the new year:
If Dobbs is a frightening thought for abortion advocates, New York State Rifle and Pistol Association Inc. v. Bruen is a virtual heart attack for gun control advocates. In the latest badly drafted gun law to go before the court, New York has forced a challenge that could result in a major ruling reinforcing individual rights under the Second Amendment. The case deals with the Sullivan Act of 1911, giving local officials discretion over who can carry concealed guns based on a showing of “proper cause.” Bruen is likely to reinforce rights for concealed carry permits — negating a host of laws across the country.
My own take on this is that we’re going to see so-called may issue laws die an inglorious death across the nation. I don’t think the Court will go so far as to kill the carry permit requirement–they’re known for making narrow rulings–but I don’t see how the idea that subjective requirements like “good cause” survive this challenge.
However, with the way the rulings are expected to go, don’t be surprised to see a concerted effort to pack the court.
This is something the left has been talking about ever since the death of Justice Ruth Bader-Ginsberg. President Trump nominated Amy Coney Barrett to the Court and that sent them off. After all, then-Senate Majority Leader Mitch McConnell refused to hold confirmation hearings for Merrick Garland, yet here the Senate was confirming Barrett.
There were differences between the two situations, but that hasn’t mattered to a lot of people. I won’t swear to it mattering to the people who made the decision either, to be honest, but those differences still exist.
Regardless, if Democrats hope to pack the Supreme Court, they’ll have to move quickly. After all, they’re not currently expected to do well in the midterms. They probably won’t hold Congress after November, so any change to pack the court will evaporate.
Of course, then there’s that whole filibuster thing in the Senate, which is likely to come into play on any attempt to Pack the court.
In other words, the Supreme Court will likely stay as it is. That means 2022 may just be the start of good things out of the judiciary for the Second Amendment.