Episode 76: Rogue SCOTUS

Greenhouse Gaslighting

In this episode, Josh and Adi cover the recent Supreme Court term, and discuss the major cases heard by the court and the implications of their decisions, including the decisions on Affirmative Action, Student loan fogriveness, the alleged neutrality of the court, as well as a discussion on the recent Twitter limit debacle and the state of Social Media.

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Further Reading: https://www.findlaw.com/legalblogs/supreme-court/13-worst-supreme-court-decisions-of-all-time/

Articles and Cases Discussed:

• The Court rejected the “Independent State Legislature” theory, one of the various legal mechanisms Trump pursued to remain in power after losing in 2020, in Moore v. Harper (6-3) https://www.npr.org/2023/06/27/1181152636/independent-state-legislature-theory-supreme-court-decision

• Screwed over the Navajo Nation reserve, saying the US had no obligations to provide water under their treaty with the reservation in Arizona v. Navajo Nation (5-4)

• Ended race-based affirmative action in Students for Fair Admissions Inc. v. President & Fellows of Harvard College (6-3)

• Expanded business discrimination of LGBTQIA+ individuals in 303 Creative LLC v. Elenis (6-3)

• Case was brought forth on bogus claims and should have lacked standing, the website to design wedding websites did not yet exist nor did the “gay man” who supposedly requested the website https://newrepublic.com/article/173987/mysterious-case-fake-gay-marriage-website-real-straight-man-supreme-court

• Rejection of Biden’s student loan forgiveness plan in Biden v. Nebraska https://www.scotusblog.com/case-files/cases/biden-v-nebraska-2/

• SCOTUS AGAIN expanded “standing” standards which conflicted with decisions earlier in the term which concluded that State’s lacked legal standing to protect private actors within their territory.

  Expanding the bench - Biden has rejected this as harmfully “politicizing the Court”

  https://www.commondreams.org/news/biden-supreme-court-politicize “I think if we start the process of trying to expand the court, we're going to politicize it maybe forever in a way that's not healthy