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The Major Supreme Court Decisions in 2022Skip to Comments
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The Major Supreme Court Decisions in 2022

The leak in May of a draft of the decision overruling Roe v. Wade seemed to expose new fault lines at the Supreme Court in the first full term in which it has been dominated by a 6-to-3 conservative supermajority, including three justices appointed by President Donald J. Trump. The court’s public approval ratings have been dropping, and its new configuration has raised questions about whether it is out of step with public opinion.

According to a recent survey from researchers at Harvard, Stanford and the University of Texas, the public is closely divided on how the court should rule in several major cases. In many of them, though, respondents held starkly different views based on their partisan affiliations. Here is a look at the major cases this term.

Climate Change

In West Virginia v. Environmental Protection Agency, the court's ruling curtailed the E.P.A.'s ability to regulate the energy sector, limiting it to measures like emission controls at individual power plants. The implications of the ruling could extend well beyond environmental policy.

6-3

DECIDED JUNE 30

6-3

DECIDED JUNE 30

Liberal bloc
Sotomayor

Sotomayor

Kagan

Kagan

Breyer

Breyer

Conservative bloc
Roberts

Roberts

Kavanaugh

Kavanaugh

Barrett

Barrett

Gorsuch

Gorsuch

Alito

Alito

Thomas

Thomas

Where the public stands

The E.P.A. can set limits on individual power plants and can more broadly regulate emissions across the energy sector The E.P.A. can set limits on individual power plants but cannot more broadly regulate emissions across the energy sector
All ; 59% 41%
Democrats ; 73% 27%
Independents ; 55% 45%
Republicans ; 47% 53%

Question wording: Under federal law, the Environmental Protection Agency (E.P.A.) has the authority to set emissions standards using "the best system of emission reduction." Some people think this means that the E.P.A. can set emissions limits on individual power plants and can also more broadly regulate emissions across the entire energy sector. Other people think that the E.P.A. can set limits on individual power plants but cannot more broadly regulate emissions across the entire energy sector. What do you think? | Source: SCOTUSPoll

Immigration

In Biden v. Texas, the court cleared the way for the Biden administration to end a Trump-era immigration program that forces asylum seekers arriving at the southwestern border to await approval in Mexico.

5-4

DECIDED JUNE 30

5-4

DECIDED JUNE 30

Liberal bloc
Sotomayor

Sotomayor

Kagan

Kagan

Breyer

Breyer

Conservative bloc
Roberts

Roberts

Kavanaugh

Kavanaugh

Barrett

Barrett

Gorsuch

Gorsuch

Alito

Alito

Thomas

Thomas

Where the public stands

The Biden administration should be able to end the "Remain in Mexico" program The Biden administration should not be able to end the "Remain in Mexico" program
All ; 49% 52%
Democrats ; 77% 23%
Independents ; 44% 56%
Republicans ; 20% 80%

Question wording: The U.S. Department of Homeland Security required noncitizens trying to reside in the U.S. to wait in Mexico while immigration officials process their cases. The Biden administration issued an order ending this "Remain in Mexico" program. In response, several states sued, saying that the administration did not have adequate justification in ending the program. Some people think that the Biden administration should be able to end this program. Other people think that the Biden administration should not be able to do so. What do you think? | Source: SCOTUSPoll

Native Americans

In Oklahoma v. Castro-Huerta, after ruling that much of Oklahoma falls within Indian reservations, the court ruled that state authorities may prosecute non-Indians who commit crimes against Indians on those reservations.

5-4

DECIDED JUNE 29

5-4

DECIDED JUNE 29

Liberal bloc
Sotomayor

Sotomayor

Kagan

Kagan

Breyer

Breyer

Conservative bloc
Roberts

Roberts

Kavanaugh

Kavanaugh

Barrett

Barrett

Gorsuch

Gorsuch

Alito

Alito

Thomas

Thomas

Where the public stands

States should be able to prosecute non-Native Americans who commit crimes against Native Americans on Native American land States should not be able to prosecute non-Native Americans who commit crimes against Native Americans on Native American land
All ; 66% 34%
Democrats ; 68% 32%
Independents ; 63% 37%
Republicans ; 70% 30%

Question wording: The defendant, a non-Native American, committed a crime against a Native American on Native American land. The State of Oklahoma would like to pursue criminal charges against the defendant. The defendant says that the state cannot prosecute him because the crime occurred on Native American land, and so only the federal government can prosecute him. Some people think that states cannot prosecute crimes that happen on Native American land, even if the perpetrator is non-Native American. Others think that states should be able to prosecute such cases. What do you think? | Source: SCOTUSPoll

School Prayer

In Kennedy v. Bremerton School District, the court ruled that a football coach at a public high school had a constitutional right to pray at the 50-yard line after his team’s games.

6-3

DECIDED JUNE 27

6-3

DECIDED JUNE 27

Liberal bloc
Sotomayor

Sotomayor

Kagan

Kagan

Breyer

Breyer

Conservative bloc
Roberts

Roberts

Kavanaugh

Kavanaugh

Barrett

Barrett

Gorsuch

Gorsuch

Alito

Alito

Thomas

Thomas

Where the public stands

The school district was right to suspend the coach The school district was not right to suspend the coach
All ; 44% 56%
Democrats ; 62% 38%
Independents ; 41% 59%
Republicans ; 26% 74%

Question wording: The football coach at a public high school led prayers with players before and after games. The school district asked him to stop, and the coach refused. He was then suspended. Some people think the school district was right to suspend the coach because of the First Amendment’s separation of church and state. Other people do not think the district was right to do so because of the coach’s right to free exercise of religion. What do you think? | Source: SCOTUSPoll

Abortion Rights

In Dobbs v. Jackson Women’s Health Organization, the court ruled that a Mississippi law that bans most abortions after 15 weeks is constitutional and overturned the constitutional right to abortion established by Roe v. Wade in 1973.

6-3

DECIDED JUNE 24

6-3

DECIDED JUNE 24

Liberal bloc
Sotomayor

Sotomayor

Kagan

Kagan

Breyer

Breyer

Conservative bloc
Roberts

Roberts

Kavanaugh

Kavanaugh

Barrett

Barrett

Gorsuch

Gorsuch

Alito

Alito

Thomas

Thomas

Where the public stands

Banning nearly all abortions after 15 weeks of pregnancy is unconstitutional Banning nearly all abortions after 15 weeks of pregnancy is constitutional
All ; 51% 49%
Democrats ; 73% 27%
Independents ; 48% 52%
Republicans ; 31% 69%

Question wording: A new law in Mississippi bans nearly all abortions after 15 weeks of pregnancy. Some people think that this law is unconstitutional. Others think it is constitutional. What do you think? | Source: SCOTUSPoll

No, Roe v. Wade should not be overturned Yes, Roe v. Wade should be overturned
All ; 62% 38%
Democrats ; 79% 21%
Independents ; 63% 37%
Republicans ; 41% 59%

Question wording: Should the Supreme Court overrule Roe v. Wade, the 1973 decision that established a constitutional right to abortion and prohibited states from banning abortion before the fetus can survive outside the womb, at around 23 weeks of pregnancy? | Source: SCOTUSPoll

Second Amendment

In New York State Rifle & Pistol Association v. Bruen, the court ruled that states with strict limits on carrying guns in public violate the Second Amendment.

6-3

DECIDED JUNE 23

6-3

DECIDED JUNE 23

Liberal bloc
Sotomayor

Sotomayor

Kagan

Kagan

Breyer

Breyer

Conservative bloc
Roberts

Roberts

Kavanaugh

Kavanaugh

Barrett

Barrett

Gorsuch

Gorsuch

Alito

Alito

Thomas

Thomas

Where the public stands

Requiring a person to show a need for self-protection to carry a concealed firearm does not violate the Second Amendment Requiring a person to show a need for self-protection to carry a concealed firearm does violate the Second Amendment
All ; 47% 53%
Democrats ; 68% 32%
Independents ; 46% 54%
Republicans ; 24% 77%

Question wording: New York requires a person to show a need for self-protection in order to receive a license to carry a concealed firearm outside the home. Some people think that this law violates people’s Second Amendment rights. Others think it does not violate people’s Second Amendment rights. What do you think? | Source: SCOTUSPoll

Separation of Church and State

In Carson v. Makin, the court ruled that a Maine program that excludes religious schools from a state tuition program is a violation of the free exercise of religion.

6-3

DECIDED JUNE 21

6-3

DECIDED JUNE 21

Liberal bloc
Sotomayor

Sotomayor

Kagan

Kagan

Breyer

Breyer

Conservative bloc
Roberts

Roberts

Kavanaugh

Kavanaugh

Barrett

Barrett

Gorsuch

Gorsuch

Alito

Alito

Thomas

Thomas

Where the public stands

Prohibiting state funds from being used at religious schools is a valid separation between church and state Prohibiting state funds from being used at religious schools is a violation of the free exercise of religion
All ; 51% 49%
Democrats ; 69% 32%
Independents ; 50% 50%
Republicans ; 32% 68%

Question wording: The State of Maine pays private school tuition for students in rural areas that do not have public secondary schools. Maine prohibits students from using this public money to attend schools that are religious (or "sectarian"). Some people think that this is a violation of the First Amendment protections of the free exercise of religion. Other people think that this is a valid policy to maintain the separation between church and state. What do you think? | Source: SCOTUSPoll

First Amendment and Public Forums

In Shurtleff v. Boston, the court ruled that the City of Boston had violated the First Amendment when it refused to let a private group raise a Christian flag in front of its City Hall, although it had allowed many other organizations to use the flagpole to celebrate various causes.

9-0

DECIDED MAY 2

9-0

DECIDED MAY 2

Liberal bloc
Sotomayor

Sotomayor

Kagan

Kagan

Breyer

Breyer

Conservative bloc
Roberts

Roberts

Kavanaugh

Kavanaugh

Barrett

Barrett

Gorsuch

Gorsuch

Alito

Alito

Thomas

Thomas

Where the public stands

Boston’s refusal to fly a private religious group's flag did not violate the group's First Amendment rights Boston’s refusal to fly a private religious group's flag violated the group's First Amendment rights
All ; 56% 44%
Democrats ; 69% 31%
Independents ; 55% 45%
Republicans ; 40% 60%

Question wording: Upon request, the City of Boston often flies flags of different organizations in front of its City Hall. The city refused to fly a religious organization’s flag bearing a Christian cross. Some people say that Boston’s refusal to fly a religious organization’s flag violated the organization’s First Amendment rights. Other people believe that it did not violate the organization’s First Amendment rights. What do you think? | Source: SCOTUSPoll

First Amendment and Censures

In Houston Community College System v. Wilson, the court ruled that elected bodies do not violate the First Amendment when they censure their members.

9-0

DECIDED MARCH 24

9-0

DECIDED MARCH 24

Liberal bloc
Sotomayor

Sotomayor

Kagan

Kagan

Breyer

Breyer

Conservative bloc
Roberts

Roberts

Kavanaugh

Kavanaugh

Barrett

Barrett

Gorsuch

Gorsuch

Alito

Alito

Thomas

Thomas

Where the public stands

An elected body censuring the speech of a member does not violate the First Amendment An elected body censuring the speech of a member violates the First Amendment
All ; 38% 62%
Democrats ; 47% 53%
Independents ; 39% 61%
Republicans ; 27% 73%

Question wording: An elected member of a community college board criticized other board members and was subsequently censured (given a formal reprimand). Some people think the board violated the First Amendment rights of the elected member. Other people believe that the board did not violate the member’s First Amendment rights. What do you think? | Source: SCOTUSPoll

Religion and the Death Penalty

In Ramirez v. Collier, the court ruled that Texas would violate a federal law protecting religious freedom if it executed a death row inmate without allowing his pastor to touch him and pray aloud in the execution chamber.

8-1

DECIDED MARCH 24

8-1

DECIDED MARCH 24

Liberal bloc
Sotomayor

Sotomayor

Kagan

Kagan

Breyer

Breyer

Conservative bloc
Roberts

Roberts

Kavanaugh

Kavanaugh

Barrett

Barrett

Gorsuch

Gorsuch

Alito

Alito

Thomas

Thomas

Where the public stands

Barring religious clergy from touching death row inmates in the execution chamber violates the First Amendment Barring religious clergy from touching death row inmates in the execution chamber does not violate the First Amendment
All ; 58% 42%
Democrats ; 56% 44%
Independents ; 59% 41%
Republicans ; 59% 41%

Question wording: Texas law barred a death row inmate from having his pastor in the chamber during his execution and placing his hands on him while praying out loud. Some people think that barring religious clergy from entering the execution chamber and touching death row inmates violates the First Amendment protections of the free exercise of religion. Other people think that it does not. What do you think? | Source: SCOTUSPoll

State Secrets

In United States v. Zubaydah, the court ruled that the government was not required to disclose the location of a C.I.A. black site where a detainee at Guantánamo Bay, Cuba had been tortured.

7-2

DECIDED MARCH 3

7-2

DECIDED MARCH 3

Liberal bloc
Sotomayor

Sotomayor

Kagan

Kagan

Breyer

Breyer

Conservative bloc
Roberts

Roberts

Kavanaugh

Kavanaugh

Barrett

Barrett

Gorsuch

Gorsuch

Alito

Alito

Thomas

Thomas

Where the public stands

The government must provide evidence in such situations The government has a right to protect state secrets in the name of national security and is not compelled to provide evidence
All ; 45% 55%
Democrats ; 52% 48%
Independents ; 48% 52%
Republicans ; 31% 69%

Question wording: A terrorism suspect currently being held in Guantánamo Bay says the C.I.A. used enhanced interrogation techniques and wants it investigated. The government has declassified some information, but it claims it has a right to protect state secrets in the name of national security and is not compelled to provide evidence connected to the investigation. Some people think that the government has a right to protect state secrets in the name of national security and is not compelled to provide evidence. Other people think that the government must provide evidence in such situations. What do you think? | Source: SCOTUSPoll

Executive Privilege

In Trump v. Thompson, the court ruled that former President Donald J. Trump could not block the release of White House records to a House committee investigating the Jan. 6 attack on the Capitol.

8-1

DECIDED JAN. 19

8-1

DECIDED JAN. 19

Liberal bloc
Sotomayor

Sotomayor

Kagan

Kagan

Breyer

Breyer

Conservative bloc
Roberts

Roberts

Kavanaugh

Kavanaugh

Barrett

Barrett

Gorsuch

Gorsuch

Alito

Alito

Thomas

Thomas

Where the public stands

A former president cannot block the release of White House records A former president can block the release of White House records
All ; 67% 33%
Democrats ; 85% 15%
Independents ; 68% 32%
Republicans ; 43% 57%

Question wording: Former President Donald Trump attempted to block the release of documents concerning his role in the events of Jan. 6, 2021, on the grounds that he has executive privilege. Some people think that executive privilege allows a former president to block the release of such records. Other people think that a former president does not have the authority to block the release of such records. What do you think? | Source: SCOTUSPoll

Covid in the Workplace

In National Federation of Independent Business v. Department of Labor, the court found that the Biden administration’s vaccine-or-testing mandate for large employers was not lawful.

6-3

DECIDED JAN. 13

6-3

DECIDED JAN. 13

Liberal bloc
Sotomayor

Sotomayor

Kagan

Kagan

Breyer

Breyer

Conservative bloc
Roberts

Roberts

Kavanaugh

Kavanaugh

Barrett

Barrett

Gorsuch

Gorsuch

Alito

Alito

Thomas

Thomas

Where the public stands

OSHA’s vaccination or testing mandate is lawful OSHA’s vaccination or testing mandate is not lawful
All ; 50% 50%
Democrats ; 77% 23%
Independents ; 44% 57%
Republicans ; 28% 72%

Question wording: The federal Occupational Safety and Health Administration (OSHA) has issued a rule mandating that all employers with at least 100 employees require that their employees either be vaccinated against Covid-19 or else be tested weekly and wear masks at work. Some people think this mandate is unlawful because it exceeds OSHA’s authority. Other people think this is a reasonable use of the agency’s authority to protect workplace safety and health. What do you think? | Source: SCOTUSPoll

Covid in Health Care Facilities

In Biden v. Missouri, the court found that the Biden administration’s mandate to require health care workers at facilities receiving federal money to be vaccinated was lawful.

5-4

DECIDED JAN. 13

5-4

DECIDED JAN. 13

Liberal bloc
Sotomayor

Sotomayor

Kagan

Kagan

Breyer

Breyer

Conservative bloc
Roberts

Roberts

Kavanaugh

Kavanaugh

Barrett

Barrett

Gorsuch

Gorsuch

Alito

Alito

Thomas

Thomas

Where the public stands

H.H.S.’s vaccination mandate is lawful H.H.S.’s vaccination mandate is not lawful
All ; 53% 47%
Democrats ; 76% 24%
Independents ; 49% 51%
Republicans ; 31% 69%

Question wording: The federal Department of Health and Human Services (H.H.S.) has issued a rule mandating that health care workers at hospitals and other facilities participating in Medicare and Medicaid be vaccinated against Covid-19 unless they qualify for religious or medical exemptions. Some people think this mandate is unlawful because it exceeds H.H.S.’s authority. Other people think this is a reasonable use of the agency’s authority to ensure the safety of patients. What do you think? | Source: SCOTUSPoll