Justice Sonia Sotomayor of the Supreme Court has shown a lack of respect for her colleagues by dropping the usual decorum in her dissenting opinions, outright declaring “I dissent” instead of the more respectful phrasing. This change in tone is seen as a sign of growing frustration among Justice Sotomayor and the other Democrat-appointed members of the court, who have limited ability to influence the outcome of major legal questions that are being brought before the court more frequently.
The court is starting its new term with public disagreements over ethics rules and lingering tension from the previous term, when the conservative majority issued rulings against race-based college affirmative action programs, ruled in favor of artists in a dispute over services to same-sex couples, and struck down President Biden’s student loan forgiveness program. According to Mike Davis, a court watcher and founder of the Article III Project, the liberal justices feel embattled due to the conservative majority and their likelihood of being in the minority for the rest of their careers.
The tension among the justices was evident in the final ruling of the previous term, the student loan case. Chief Justice John G. Roberts Jr. delivered an opinion that criticized the three Democrat-appointed justices for their dissent, calling it “disturbing.” Justice Elena Kagan defended her criticism, stating that it is important to speak out when the court goes beyond the proper role of the judiciary, but also emphasized that there was no personal disparagement in the disagreement.
This term, the court is expected to confront cases involving executive and congressional power, as well as the role of the courts in these matters. One case questions whether Congress can delegate its spending powers to an independent executive branch regulatory agency, while another tests the deference judges should give to executive branch agencies in interpreting laws written by Congress. The court will also hear cases involving social media platforms and a major gun rights case.
