"Just wait until I get on the Supreme Court, 'cause then you're all gonna pay." Those words by Matt Damon impersonating soon-to-be Justice Brett Kavanaugh on Saturday Night Live four years ago have become reality.
In fact, MAGA Republicans must now think they've awakened from a most gratifying wet dream with the Supreme Court's latest rulings. For others, of course, it's more like a nightmare.
With a conservative majority, including Kavanaugh, stacked by Donald Trump, decisions on abortion, student loan debt, affirmative action, LGBTQ+ rights, and environmental protection, among others, have right wingers salivating.
In essence, Damon's words in that SNL episode have been realized. Many of us, indeed, are "gonna pay" -- especially people with crushing student debt that President Biden has fought to relieve, as they must now find a way to pay off those loans. Moreover, those decisions provide insight into what could be expected if Trump or DeSantis or some other rightwing wacko should win the presidency in 2024.
Student Debt
The court’s conservative majority on June 30 rejected Biden’s plan to forgive hundreds of billions of dollars in student loan debt. In a case filed by several GOP-led states, Chief Justice John G. Roberts Jr. said the administration exceeded its authority by wiping out that debt.
Biden's plan was intended to provide economic relief during the coronavirus pandemic. It would have eliminated up to $20,000 of federal student loan debt for borrowers earning up to $125,000 annually, or up to $250,000 for married couples.The administration had said the plan would clear the balances of 20 million borrowers, and the U.S. Education Department had approved some 16 million applications.
When GOP lawsuits challenging the legality of the program brought it to a halt, the Biden administration asked the Supreme Court to intervene. Unfortunately, the court, now dominated by conservatives, ruled that the administration lacks the authority to forgive those loans and that an act of Congress is required.
Now, those 20 million borrowers must scramble to find some way to pay their loans, many of which far exceed $20K.
The Court's ruling was not unexpected, considering the tenor of questioning that occurred when the case was argued earlier this year. Nevertheless, those struggling with those loans held out hope, until there wasn't any. They can thank Trump, Kavanaugh, and the other conservatives on the Court for putting them on the hook once again. Keep that in mind when the election rolls around.
Abortion
It's been a year now since the Court overturned Roe v. Wade, and now numerous Republican-led states have acted, or are still acting, to virtually ban abortions -- in some cases regardless of the circumstances.
The culprits include Texas, South Carolina, North Carolina, and many other Republican-led states.
On June 24, the Texas attorney general observed "Sanctity of Life Day" in honor of the lives lost to abortions. It is now an annual holiday in Texas.
In a statement by the Office of Attorney General Ken Paxton, he said "Texas will proudly continue as a nationwide leader in the protection of the unborn, and the OAG will be steadfast in its mission of defending our State's pro-life laws."
That's just a sampling of the rhetoric coming out of those states.
In South Carolina, the GOP dominated state legislature passed a law banning most abortions around six weeks of pregnancy, but the state Supreme Court temporarily halted the law pending a review. That happened in late May.
The law is similar to the state's heartbeat bill that was passed in 2021, banning abortions once cardiac activity is detected. But the state Supreme Court decided in a 3-2 vote that the law violated the right to privacy guaranteed by the state constitution. However, ithe court, now composed exclusively of men, appears open to upholding the new law.
Meanwhile, In North Carolina a federal judge ruled that nearly all of the state's revised 12-week abortion ban can take effect, while temporarily blocking a rule that could expose doctors to criminal penalties.
In Indiana, the state Supreme Court upheld that state's abortion ban, saying it does not violate the state constitution, clearing the way to enforcing the ban approved by Republicans.
On and on. In some GOP-led states there are efforts to prosecute abortion providers as well as abortion patients as Republicans double down on their efforts to ban abortions regardless of public opinion. Most polls show a majority of Americans support a woman's right to control her own body.
One factor to consider: Women and independent voters likely will determine who our next president will be. They need to remember what the Trumplican court has done regarding abortion.
Affirmative Action
On June 29, the court's conservative majority struck down admissions policies at the University of North Carolina and Harvard saying the way they considered race violated the Constitution's guarantee of equal protection.
The ruling flies in the face of repeated previous decisions that said colleges and universities can use race as a factor in admissions because of historic underrepresentation of Blacks and Latinos in student bodies as well as obstacles faced by those minorities in our society.
The six conservatives on the court, led by Justice Clarence Thomas who, himself, benefited from affirmative action policies, argued that those considerations are illegal and unjustified. Meanwhile, in dissenting, the liberal justices said the decision "rolls back decades of precedent" and "subverts the constitutional guarantee of equal protection."
Thomas, when he was chair of the Equal Employment Opportunity Commission (EEOC) in 1983 told staffers there, "God only knows where I would be today" if not for such equal employment opportunity measures as affirmative action, which he said are "critical to minorities and women in this society."
Well, Thomas apparently has a short memory, or he simply doesn't care about others who will face admissions challenges in the future and will not have the benefit of affirmative action consideration. He got his. Who cares about anybody else?
Targeting the LGBTQ+ Community
On June 29 the court ruled 6-3 in favor of a Christian graphic artist in Colorado who cited free speech protections when she refused to design wedding websites for same-sex couples.
The designer, Lorie Smith, contended that's anti-discrimination law violated her First Amendment rights. Writing for the majority, Justice Neil M. Gorsuch said the state cannot force her to create messaging against her beliefs, even though she offers her talents for hire.
The ruling was met with outrage from the LGBTQ+ community.
“It’s infuriating. It’s like we’re going back 400 years," Rhonda Patillo, who is Black and gay, told The Guardian. "Marriage equality was fantastic but now they want to take rights away from us. It’s a war.”
She added, "Why do they care what I do? I’ve been fighting for equality all my life. I can’t give up because it is my life. But why should I fight for something that should have been given freely. Why does anyone care who I choose to have sex with?”
President Biden said the court’s decision was “disappointing” and expressed the fear it could create additional openings for businesses to exclude gay people and other minorities.
“While the Court’s decision only addresses expressive original designs, I’m deeply concerned that the decision could invite more discrimination against LGBTQI+ Americans,” Biden said. “More broadly, today’s decision weakens long-standing laws that protect all Americans against discrimination in public accommodations – including people of color, people with disabilities, people of faith, and women.”
Does this ruling offend you? Remember it on Election Day.
The Environment
Are you concerned about our environment and the continued attacks on it by land developers and business interests?
On May 25, the court limited the authority of the Environmental Protection Agency (EPA) to regulate the nation's wetlands and waterways. Writing for the majority, Justice Samuel A. Alito Jr. said the Clean Water Act "“extends to only those wetlands with a continuous surface connection to bodies that are ‘waters of the United States’ in their own right, so that they are ‘indistinguishable’ from those waters.”
The Washington Post noted that four presidential administrations have been mired in the fight over what constitutes a wetland, dating back to George W. Bush. The ruling, the court’s second major environmental decision in about a year, was another limit on the EPA’s authority to combat pollution.
The Biden administration and environmental groups have argued for preserving broader federal authority over the reach of the law.
Concerned about the environment and overreach by business interests and developers? Keep these decisions in mind on Election Day.