The Supreme Court was the 'most functional branch of government' this term
The Supreme Court's nine-month term ended Monday, marking a historic period of time for the judicial branch as the justices set a modern record for reaching consensus. Because the court operated with just eight justices for the majority of its term, the breakdown "probably required having a lot more discussion of some things and more compromise and maybe narrower opinions than we would have issued otherwise," said Justice Samuel A. Alito Jr.
The term had the highest share of unanimous cases ever after 2013, but it also had the highest share of votes in the majority opinion in at least 70 years, The New York Times reports. Additionally, the share of cases decided by a margin of 5-3 or 5-4 was well below the court's average.
"It has been a quiet term, and that is a good thing for the country," said University of Chicago law professor William Baude. "Overall, this year the court was the least dramatic, and most functional, branch of government."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
That could soon change. Notably, the 2016-2017 term did not have the same high-profile cases of terms past, like recent gay rights, health care, and abortion rulings. "We got used to the idea that every year the court decides several of the biggest national political issues — six or seven consecutive 'terms of the century' — but this year saw a regression to the mean," said Cato Institute lawyer Ilya Shapiro.
That won't last, though. The court has agreed to hear cases on "a clash between gay rights and claims of religious freedom, constitutional limits on partisan gerrymandering, cell phone privacy, human rights violations by corporations, and the ability of employees to band together to address workplace issues," The New York Times writes.
And that's not to mention the October arguments on President Trump's travel ban.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Jeva Lange was the executive editor at TheWeek.com. She formerly served as The Week's deputy editor and culture critic. She is also a contributor to Screen Slate, and her writing has appeared in The New York Daily News, The Awl, Vice, and Gothamist, among other publications. Jeva lives in New York City. Follow her on Twitter.
-
What are Trump's plans for public health?
Today's Big Question From abortion access to vaccine mandates
By Devika Rao, The Week US Published
-
GOP's Mace seeks federal anti-trans bathroom ban
Speed Read Rep. Nancy Mace of South Carolina has introduced legislation to ban transgender people from using federal facilities
By Rafi Schwartz, The Week US Published
-
US charges Indian tycoon with bribery, fraud
Speed Read Indian billionaire Gautam Adani has been indicted by US prosecutors for his role in a $265 million scheme to secure solar energy deals
By Peter Weber, The Week US Published
-
Judge blocks Louisiana 10 Commandments law
Speed Read U.S. District Judge John deGravelles ruled that a law ordering schools to display the Ten Commandments in classrooms was unconstitutional
By Peter Weber, The Week US Published
-
ATF finalizes rule to close 'gun show loophole'
Speed Read Biden moves to expand background checks for gun buyers
By Peter Weber, The Week US Published
-
Hong Kong passes tough new security law
Speed Read It will allow the government to further suppress all forms of dissent
By Peter Weber, The Week US Published
-
France enshrines abortion rights in constitution
speed read It became the first country to make abortion a constitutional right
By Peter Weber, The Week US Published
-
Texas executes man despite contested evidence
Speed Read Texas rejected calls for a rehearing of Ivan Cantu's case amid recanted testimony and allegations of suppressed exculpatory evidence
By Peter Weber, The Week US Published
-
Supreme Court wary of state social media regulations
Speed Read A majority of justices appeared skeptical that Texas and Florida were lawfully protecting the free speech rights of users
By Peter Weber, The Week US Published
-
Greece legalizes same-sex marriage
Speed Read Greece becomes the first Orthodox Christian country to enshrine marriage equality in law
By Peter Weber, The Week US Published
-
Trump and his lawyer Alina Habba have a rough day in defamation court
Speed Read Trump's audible grousing as E. Jean Carroll testified earned him a warning he could be thrown out of court, and Habba showed she 'doesn't know what the hell she's doing'
By Peter Weber, The Week US Published