Abortion, race, birth control top high court agenda

WASHINGTON — Abortion, birth control and race are among the most divisive issues the Supreme Court will confront over the next nine months, amid a presidential election campaign in which some candidates are talking pointedly about the justices and the prospect of replacing some of them in the next few years.

The justices are returning to the bench on Monday for the start of their new term and their first public appearance together since a number of high-profile decisions in June that displayed passionate, sometimes barbed, disagreements and suggested some bruised feelings among the nine judges.

The three-month break probably is a good thing, Justice Samuel Alito noted in a speech at the University of Kentucky last month. By late June, “We tend to be kind of angry with each other,” Alito said.

No single case before the justices in the new term holds the significance of the court’s 5-4 decision in June that extended the right to marriage to gay and lesbian couples nationwide.

But the author of that opinion, Justice Anthony Kennedy, probably will play a similarly decisive role in the most important cases to be heard by the court. “On issue after issue, Kennedy provides the deciding vote,” said conservative commentator Ed Whelan, no fan of Kennedy.

The court’s lineup already includes, or likely will:

—Regulation of abortion clinics in Texas that could leave large parts of the second-most populous state without any abortion providers.

—Yet another battle over President Barack Obama’s health care overhaul, involving the religious rights of faith-affiliated colleges, hospitals and charities and the provision of no-cost birth control to women covered by those groups’ health plans.

—Another round from the University of Texas over the consideration of race, among many factors, in college admissions.

—A challenge over drawing electoral districts in Texas that could affect representation of immigrant-heavy urban areas.

—A fight to strip labor unions that represent government workers of their right to collect fees from non-union employees who benefit from the unions’ work in collective bargaining.

Obama’s actions on immigration and challenges to state restrictions on voting rights are two other major issues percolating through the lower courts that could reach the Supreme Court in time for resolution this term.

Commentators on the left and right say the lineup of cases suggests that conservatives will win more often than they will lose over the next few months, in contrast to the liberal side’s success last term in gay marriage, health care and housing discrimination, among others.

“This term, I’d expect a return to the norm, in which the right side of the court wins the majority, but by no means all of the cases,” said Georgetown University law school’s Irv Gornstein.

One reason for the confidence is that, as Supreme Court lawyer John Elwood said, “this is a term of sequels.” Affirmative action and union fees have been at the court in recent terms and the justices’ positions are more or less known.

The larger question is whether there are majorities for major rulings that, for example, would all but outlaw the use of race in admissions or declare that workers’ free-speech rights preclude unions from collecting any money from nonmembers. Both cases also could produce narrower outcomes that would be less damaging to affirmative action and unions.

Even before the term began, Democratic and Republican presidential candidates were describing the kind of justices they would appoint if nominated. The comments were at times specific, with some Republicans pledging to find nominees who are similar to conservative Justice Clarence Thomas. Democrats talked about putting people on the bench who would overturn court rulings that vastly liberalized the ability of the wealthy to finance political campaigns.

The talk about filling vacancies was more than mere casual banter because the oldest member of the court is 82-year-old Justice Ruth Bader Ginsburg, and three of her colleagues are in their late 70s — Justices Antonin Scalia, Stephen Breyer and Kennedy.

High court retirements between now and the 2016 election are extremely unlikely and, under the next president, almost certain. The last election year in which the court had so many justices in their 70s and 80s was 1988. Justices William Brennan, Thurgood Marshall, Byron White and Harry Blackmun retired from the court over the succeeding six years.

Chief Justice John Roberts, who turned 60 and marked his 10th anniversary on the court this year, could serve another quarter-century. But he has been the subject of intense criticism from conservative quarters, mainly for his two votes in favor of the Obama health care overhaul. In a Republican presidential debate last month, Texas Sen. Ted Cruz called Roberts’ appointment to the court a mistake. Even former Florida Gov. Jeb Bush, whose brother chose Roberts, hesitated when asked if he agreed with Cruz. President George W. Bush nominated Roberts in 2005.

Former Attorney General Edwin Meese and 68 prominent conservatives issued a memo Friday that mentions Alito, Scalia and Thomas as the kind of justices the next Republican president should fight for. There was no mention of Roberts.

Brianne Gorod, who has written about Roberts’ tenure on the court for the liberal Constitutional Accountability Center, said Roberts remains reliably conservative in most areas and “has voted to move the law sharply to the right” on issues of race and access to the courts, among others. But Gorod said that Roberts’ votes in the health care cases show that he also worries about the court’s legitimacy and his reputation as chief justice.

By most measures Alito, whose own 10th anniversary on the bench will be in February, has had a far more consequential role on the court. Alito, who took the seat of Justice Sandra Day O’Connor, provided a fifth vote for conservative outcomes on cases involving gun rights, abortion, campaign finance and race. Those are issues on which O’Connor probably would have been with the court’s liberals.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Olivia Vanni / The Herald 
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County.
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County. (Olivia Vanni / The Herald)
Mukilteo mayor vetoes council-approved sales tax

The tax would have helped pay for transportation infrastructure, but was also set to give Mukilteo the highest sales tax rate in the state.

Marysville Mayor Jon Nehring gives the state of the city address at the Marysville Civic Center on Wednesday, Jan. 31, 2024, in Marysville, Washington. (Ryan Berry / The Herald)
Marysville council approves interim middle housing law

The council passed the regulations to prevent a state model code from taking effect by default. It expects to approve final rules by October.

x
State audit takes issue with Edmonds COVID grant monitoring

The audit report covered 2023 and is the third since 2020 that found similar issues with COVID-19 recovery grant documentation.

Bothell
Bothell man pleads guilty to sexual abuse of Marysville middle schoolers

The man allegedly sexually assaulted three students in exchange for vapes and edibles in 2022. His sentencing is set for Aug. 29.

Larsen talks proposed Medicaid cuts during Compass Health stop in Everett

Compass Health plans to open its new behavioral health center in August. Nearly all of the nonprofit’s patients rely on Medicaid.

Snohomish County Health Department Director Dennis Worsham on Tuesday, June 11, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County Health Department director tapped as WA health secretary

Dennis Worsham became the first director of the county health department in January 2023. His last day will be July 3.

Police Cmdr. Scott King answers questions about the Flock Safety license plate camera system on Thursday, June 5, 2025 in Mountlake Terrace, Washington. (Olivia Vanni / The Herald)
Mountlake Terrace approves Flock camera system after public pushback

The council approved the $54,000 license plate camera system agreement by a vote of 5-2.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

Logo for news use featuring the municipality of Gold Bar in Snohomish County, Washington. 220118
Lynnwood man dies in fatal crash on US 2 near Gold Bar

The Washington State Patrol said the driver was street racing prior to the crash on Friday afternoon.

Thousands gather to watch fireworks over Lake Ballinger from Nile Shrine Golf Course and Lake Ballinger Park on Thursday, July 3, 2025 in Mountlake Terrace, Washington. (Olivia Vanni / The Herald)
Thousands ‘ooh’ and ‘aah’ at Mountlake Terrace fireworks show

The city hosts its Independence Day celebrations the day before the July 4 holiday.

Liam Shakya, 3, waves at a float passing by during the Fourth of July Parade on Friday, July 4, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Everett celebrates Fourth of July with traditional parade

Thousands celebrated Independence Day by going to the annual parade, which traveled through the the city’s downtown core.

Ian Saltzman
Everett Public Schools superintendent wins state award

A group of school administrators named Ian Saltzman as a top educational leader.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.