Will SCOTUS Legislate From The Bench (2020)?

The Supreme Court of the United States, SCOTUS, is taking up some crucial cases, and the fear is they will reverse precedent and legislate from the bench. If they do this, it would be up to Congress to fix, if and when they are able. Fear of an out of control SCOTUS is why women and allies across the nation protested so mightily during the hearing of Brett Kavanaugh in summer and fall of 2018. See Stop Kavanaugh Events Around NC – starting 9/4/18  and other articles on protests before and during Kavanaugh trial. NOW, SCOTUS seems to be going after not just women’s right to reproductive access but also fair treatment of LGBTQUI people and also city government’s ability to make their own policies. 

The case that first got my attention is the Louisiana anti-abortion case described at Dangerous Times: SCOTUS to Revisit Roe v. Wade starting March 4, 2020, but there are more. Reproductive access and fairness for LGBTQUI people are top issue for NOW members.

#SaveScotus event in Raleigh on 7/10/18 Photo Credit: Gailya Paliga


SCOTUS decided to take the Louisiana case in October, 2019.  In addition, a federal Appeals Court just made a bad ruling, and this case will probably end up with SCOTUS. Read about this second anti-abortion case at “US Appeals Court Upholds Trump Rules Involving Abortions,” 2/24/20, AP News.

Here are a few federal cases on LGBTQUI rights, one set of cases SCOTUS chose to hear in October 2019, and the other it decided on 2/24/20 to formally hear this case.

SCOTUS ruling could completely alter lives of LGBTQ Americans,” 10/8/19, USA Today. SCOTUS took this case last October as well as the Louisiana anti-abortion case. From the article,

“Four years ago, the Supreme Court legalized same-sex marriage across the United States, and many Americans believed the fight for LGBTQ equality was finally won.”

“But that ruling did not address all the ways LGBTQ people experience discrimination in their everyday lives. Same-sex partners can now legally marry, but in a majority of states you can still be fired for being gay. “

“[T]he Supreme Court will hear three cases on whether it is legal to fire workers because of their sexual orientation or gender identity. Experts say they set the stage for a landmark civil rights ruling that will serve as the true test of where the nation stands on LGBTQ rights.”

Breaking – U.S. Supreme Court to Hear Religious Fight Over Same-Sex Foster Care,” 2/24/20, NY Times.   From the article:

“The Supreme Court on Monday[, 2/23/20,] agreed to decide whether Philadelphia may exclude a Catholic agency that does not work with same-sex couples from the city’s foster-care system.”

“More than 20 states and several civil rights and health organizations challenged the rules in cases filed in Oregon, Washington and California. Judges in all three states blocked them from taking effect, with Oregon and Washington courts issuing nationwide injunctions.”

“One judge called the new policy “madness” and said it was motivated by “an arrogant assumption that the government is better suited to direct women’s health care than their providers.””

The potential of reversing previous rulings and federal law by this new makeup of SCOTUS is frightening.

Shortlink: https://wp.me/p22b2e-2xr

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