Two Supreme Court rulings last week that dramatically change the law are profound reminders that presidential elections matter enormously for all of us. Like so many of the court’s recent actions, these were 6-3 rulings, with the three justices appointed by President Trump in the majority. These decisions — as with the overruling of Roe v.
In City of Grants Pass v. Johnson, the court held that a municipality may make it a crime for people to sleep in public even if there are not adequate shelter beds to accommodate them. Grants Pass, Ore., has a population of about 39,000 and a homeless population of about 600. It adopted a series of ordinances meant to keep unhoused individuals from sleeping on public property.
Another decision last week that clearly represents conservative ideology involved a more technical area of law. In 1984, in Chevron U.S.A. v. Natural Resources Defense Council, the Supreme Court unanimously held that federal courts should defer to federal agencies when they interpret ambiguous federal statutes.
As it did when it overruled Roe v. Wade, the Roberts court again gives no weight to precedent in discarding a 40-year-old decision that has been a cornerstone of administrative law. The decision represents a huge shift in power from federal agencies to the courts. As Justice Elena Kagan said in her dissent, it will produce a “large scale disruption” because Chevron deference has been a crucial part of “modern government.
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