MEMO: The Supreme Court Term Begins – Expect More Captured Courts, Judge Shopping, and Special Interests

MEMORANDUM

To:             Interested Parties

From:         Accountable.US

Date:         October 7, 2024

RE: MEMO: The Supreme Court Term Begins – Expect More Captured Courts, Judge Shopping, and Special Interests

What to Expect This Term

As we head into this new Supreme Court term, it’s clear the courts will continue to be a battleground for corporate and far-right special interests. For years, we’ve watched as corporate special interests, billionaires, and their right-wing allies have captured our courts. They’ve turned what should be a pillar of impartial justice into a tool for consolidating power—at the expense of the rights, freedoms, protections, and well-being of everyday people.

This term, the stakes are especially high. Key cases will focus on issues like gun safety, environmental protection, and transgender rights—each of which could set significant legal precedents for decades to come. After successfully dismantling Chevron deference last term, special interests are now looking to cash in on the ruling and gut the power of federal agencies to protect the American people– making it easier for corporations to write their own rules.

Key Cases We’re Watching This Term

This term is packed with cases that go beyond legal technicalities—they represent pivotal moments in the fight for rights, safety, and democracy. Each of these cases shows how the courts are being used to push a broader right-wing agenda. Here’s why these particular cases should be on your radar:

• Seven County Infrastructure Coalition v. Eagle County (NEPA) – This is a direct attack on the National Environmental Policy Act (NEPA), which requires proper review of major projects that could harm the environment. Weakening NEPA would make it easier for corporations to build pipelines, highways, and other projects without considering environmental impacts. In a recent press call hosted by Accountable.US, Justice Gorsuch was called on to recuse himself from this case, given his previous ties and relationships to billionaire oil baron Philip Anschutz. Given that Anschutz’s company, Anschutz Exploration Corporation, openly admitted in an amicus brief that it will greatly benefit if NEPA is weakened, Gorsuch’s ability to remain impartial is in question, raising concerns about the fairness of the outcome.
• Garland v. VanDerStok (Ghost Guns) – This case is about whether the federal government can regulate ghost guns—untraceable firearms that are becoming a growing public safety concern. Conservative state attorneys general are pushing for the court to strike down regulations, knowing that a favorable ruling here will be a win for the gun lobby at the expense of public safety.
• United States v. Skrmetti (Trans Rights) – Tennessee is trying to deny essential healthcare to transgender youth in this case. If the court sides with the state, it could open the door for more attacks on the rights of trans individuals nationwide. This case is not just about health care—it’s about whether or not our courts will stand up for basic human rights.

We’ve Seen This Before

We don’t have to look far for examples of how right-wing groups are already using the courts to their advantage. The Dobbs v. Jackson Women’s Health Organization decision, backed by Leonard Leo’s network, was the culmination of years of effort to overturn Roe v. Wade through strategically placed justices. Following that ruling, a group of anti-abortion activists judge-shopped a challenge to the FDA’s decades-old approval of the abortion mifepristone and nearly succeeded in stopping access to this essential healthcare. And last term, the Supreme Court’s decision to overturn Chevron deference was another power grab by an extreme conservative majority, giving corporations and special interests more control over our lives.

Why This Term Matters

These cases and the power plays behind them aren’t just abstract legal battles. They have real, tangible effects on the lives of everyday people. Whether it’s taking away healthcare from trans youth, making our communities less safe with unregulated guns, or ignoring environmental impacts for the sake of corporate profits, the decisions made by these captured courts will shape the future of our democracy.

This term is going to show us once again why we need serious judicial reform. Whether it’s enforcing ethics guidelines for the Supreme Court, addressing rampant judge shopping, or demanding more transparency in judicial nominations, it’s clear that the system is being abused. And we have to keep pushing for change.

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