Big Supreme Court decisions to watch out for in 2022

On January 7, the Supreme Court will hear challenges to two vaccine mandates ordered by the Biden administration.  It looks as though the Court is at last ready to intervene on behalf of basic American liberty.  This is a decision that is long overdue, and it will be welcomed by American patriots.  If, in fact, these mandates are overturned, it will be because the five conservatives — Thomas, Alito, Gorsuch, Kavanaugh, and Barrett — acting together, can get the Court back to what it was meant to be, and was for the first 150 years of its existence.

Constitutional conservatives across the country eagerly look forward to a series of decisions in 2022, and many more in the years ahead.  In June, the Court is poised to overturn the 1973 decision of Roe v. Wade.  Affirmative action is before the court in Students for Fair Admission v. Harvard.  In New York Rifle & Pistol Association v. Bruen, the right to concealed carry will be addressed.  In AHA v. Becerra, we should get a review of "Chevron deference," which was adopted in 1984 and has led to the explosive growth and power of the administrative state.

Roe v. Wade is one of the worst decisions in the history of the Supreme Court, right up there with Plessy v. Ferguson, which authorized legally sanctioned racial discrimination.  On the subject of abortion policy, the Court writes the rules.  But there is no right to an abortion in the Constitution.  They just made it up.  This has been a constitutional travesty from the day it was decided.

It took the court 58 years to overturn Plessy v. Ferguson.  So much for the "sacred principle" of stare decisis.  When Roe is overturned in June, it will be 48 years old.

Affirmative action is well intended, but it's still racial discrimination.  In Harvard's case, it's mainly Asian-Americans who are the victims, and I fully expect Justice Thomas to write the opinion declaring such discrimination unconstitutional.  As a proud, highly intelligent black man, Thomas is viscerally opposed to being treated as if he were incapable of making it on his own.  This is an opinion that will be a joy to read.

Practically speaking, you can't get a concealed carry permit in New York.  Does this violate the 2nd Amendment's guarantee of "the right of the people to keep and bear Arms"?  Emphasis on bear.  That's the question before the court in NYR&PA v. Bruen.  There is an excellent chance that the majority will rule that there is a right to "bear," or carry, arms.  After all, it's specifically guaranteed in the language of the Bill of Rights.  If so, this case will be the most important advance in 2nd Amendment law since District of Columbia v. Heller (2008).

This country and this economy are practically strangling in over-regulation.  The administrative state is a constitutional abomination.  Overturning Chevron deference will be the first step in reining in this bureaucratic monster.  AHA v. Becerra is the perfect case to start rolling back burdensome regulations.

Justice Kavanaugh's vote will be critical in all of these cases, in some cases the deciding one.  He wouldn't be on the Court if it were up to Alaska senator Lisa Murkowski.  She never really made clear why she opposed him.  In the end, she mumbled something about judicial temperament, but that was just a weak excuse.

In fact, Murkowski figured Kavanaugh was going to be the fifth vote to overturn Roe v. Wade.  Murkowski is a pro-abortion extremist.  She doesn't believe in any restrictions, of any kind, on a woman's right to end the life of an unborn child she carries.  This is her most sacred principle.  If she had her way, Brett Kavanaugh wouldn't be on the Court because of it.

In the 2022 election in Alaska, parties will not have primaries, so Murkowski will get on the ballot in November.  Alaska will also have ranked choice voting, and she hopes to win a majority as the second choice of Democrat voters.  She's always been an odd fit in Alaska, but with the new electoral system, designed specifically to give her a path to re-election, she does have a chance.

Regardless, we have a truly conservative Supreme Court majority in charge of defending our Constitution.  Long may it last.

Fritz Pettyjohn was a second year law student when Roe v. Wade was decided, and has been looking forward to its overturn ever since.

Image via Max Pixel.

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