By Mark Sherman | Associated Press
Precedents that had stood since the 1970s were overturned, explicitly in the case of abortion and effectively in the affirmative action context. The court, by a 5-4 vote, also sharply limited the federal government’s authority to police water pollution into certain wetlands, although all nine justices rejected the administration’s position.
Those cases reflected the control that Chief Justice John Roberts asserted, or perhaps reasserted, over the court following a year in which the other five conservatives moved more quickly than he wanted in some areas, including abortion. The mixed bag of decisions almost seemed designed to counter arguments about the court’s legitimacy, raised by Democratic and liberal critics — and some justices — in response to last year’s abortion ruling, among others. The narrative was amplified by published reports of undisclosed, paid jet travel and fancy trips for Justices Clarence Thomas and Samuel Alito from billionaire Republican donors.
Some conservative law professors rejected the idea that the court bowed to outside pressures, consciously or otherwise. Biden himself said on MSNBC on Thursday that the current court has “done more to unravel basic rights and basic decisions than any court in recent history.” He cited as examples the overturning of abortion protections and other decisions that had been precedent for decades.
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