(C) Common Dreams
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How Far Will the Supreme Court Go in Its New Term? [1]
['Morgan Marietta', 'Morgan Marietta Studies The Political Consequences Of Belief. He Is The Author Of Four Books', 'The Politics Of Sacred Rhetoric', 'Absolutist Appeals', 'Political Influence', "A Citizen'S Guide To American Ideology", "A Citizen'S Guide To The Constitution", 'The Supreme Court', 'Most Recently One Nation', 'Two Realities']
Date: 2023-10-01 23:30:03+00:00
The first Monday in October, the traditional date for the beginning of the U.S. Supreme Court’s term, is almost here: On Oct. 2, 2023, the court will meet after the summer recess, with the biggest case of the term focused on the limits of individual gun rights.
The other core issue for the coming year is a broad reassessment of the power of the administrative state.
Both issues reflect a court that has announced revolutionary changes in doctrine and must now grapple with how far the new principles will reach.
In a revolutionary period, aggressive litigants will push the boundaries of the new doctrine, attempting to stretch it to their advantage. After a period of uncertainty, a case that defines the limits on the new rule is likely to emerge.
Two years ago, the court began what many consider to be a constitutional revolution.
The new supermajority of six conservative justices rapidly introduced new doctrines across a range of controversies including abortion, guns, religion, and race.
When the court announces a new principle—for example, a limit on the powers of a specific part of government—citizens and lawyers are not sure of the full ramifications of the new rule. How far will it go? What other areas of law will come under the same umbrella?
In a revolutionary period, aggressive litigants will push the boundaries of the new doctrine, attempting to stretch it to their advantage. After a period of uncertainty, a case that defines the limits on the new rule is likely to emerge.
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