Constitutional Law and Cases
Recent conservative SCOTUS rulings took many by surprise, allowing a Trump policy to end. These rulings signal a strong return to strict Constitutional law, a departure from the past 50 years of liberal American Jurisprudence. Strict constitutional judges verify if the American Constitution identifies issues explicitly for court rulings. The states hold power over a majority of the issues, except those affecting the American military. The Court decided on 13 cases between June 23 through June 30, which received minimal coverage in the media. But four issues received national attention because of controversies created. The Court scrutinized the US Constitution before voting on these matters to eliminate ‘Ruling from the Bench’, and preserving the necessary separation of powers.
The landmark decision was the famous case of Dobbs v. Jackson’s Women’s Health Organization. The High Court’s 6 v. 3 ruling overturned the 1973 Roe v. Wade decision to legalize on-demand abortion nationwide, was decisive. While many regretted overturning the Roe v. Wade decision, the real question debated if abortion was a right for citizens under the U.S. Constitution. That essential question arose as the Constitution states that elements not addressed in the document, are left to individual states to decide and manage. In strict Constitutionalist interpretation, the SCOTUS said abortion isn’t a right in the Constitution, and states should decide on such laws. Those criteria may license fundamental rights to prostitution, illicit drug use, and worse. None of these rights are deeply rooted in history.
The Kennedy v. Bremerton School District case decided that their football coach could not be disciplined or fired for his or her outward religious beliefs and practices, even on the school’s grounds. In that case, school officials had forbidden a certain Coach Joe Kennedy from praying at the 50-yard line after the his team’s games. The Court had ruled 6-3 saying that the school district could not issue any such instructions as Kennedy’s prayer was private. The Constitution doesn’t permit government to suppress religious expression in the school system. The Court also ruled that Kennedy’s expression of his religion did not represent the school system as it was a private prayer.
Remain in Mexico
Biden v. Texas raised the issue of the Trump “Remain in Mexico” policy, with illegal immigrants forced to stay in Mexico until asylum cases were heard in court. The court’s ruling ended the policy, upsetting conservatives. The 5-4 vote ruling approved the administration ending a policy it deemed as valid action. DHS ended this policy completely, and terminating the issue was brought to the Supreme Court. They then sent the case to trial court regarding termination rather than supporting the migration policy and set standards for new issues to go through the lower courts first, as per the U.S. Constitution.
Military Service members Discrimination
Low media attention in the Torres v. Texas Department of Public Safety, focus on whether the federal government can intervene by proclaiming damages in private lawsuits, if a state’s government should discriminates against any military veteran. Texas contended that as they are a non-consenting state, it remains the states’ rights issue. In this case, the Court ruled 5-4 in a decision in compliance with Constitutional law. Constitution ratification by states ensured an agreement that states’ sovereignty ended when supporting the defence forces. Thus, maintaining the military is a clear mandate and duty of the federal government.