The Major Supreme Court Decisions in 2023

Public confidence in the Supreme Court was shaken after its lurch to the right a year ago in blockbuster decisions on abortion, guns, religion and climate change.

The court — dominated by a 6-to-3 conservative majority, including three justices appointed by President Donald J. Trump — faces another set of important cases this term, including ones on affirmative action, student loans and civil rights for gay people. Its rulings will help answer questions about whether the court’s new configuration is out of step with public opinion.

According to a survey conducted in April by researchers at Harvard, Stanford and the University of Texas, the public is often — but hardly always — divided along partisan lines on how the court should rule in significant cases from the term that started in October and is expected to end in late June. Here is a look at those cases.

Environmental Protection

The court ruled that the Clean Water Act does not allow the Environmental Protection Agency to regulate discharges into wetlands near bodies of water unless they have “a continuous surface connection” to those waters. Four of the justices also voted against the E.P.A., but on narrower grounds.

Conservative bloc

Roberts

Brett M. Kavanaugh

Kavanaugh

Amy Coney Barrett

Barrett

Neil M. Gorsuch

Gorsuch

Samuel A. Alito

Alito

Clarence Thomas

Thomas

Where the public stands

The Clean Water Act should be read broadly, to include things like wetlands The Clean Water Act should be read narrowly, to not include things like wetlands
All 72%28%
Democrats 81%19%
Independents 70%30%
Republicans 66%34%

Question wording: The Clean Water Act is a federal law that prohibits the “discharge of pollutants” into “navigable waters.” Some people think that this should be read broadly, to include things like wetlands. Other people think that this should be read narrowly, to include only things like streams, rivers and lakes. What do you think? | Source: SCOTUSPoll

Animal Cruelty and Interstate Commerce

The court upheld a California law that sought to address cruelty to animals, saying the state could require pork sold there but produced elsewhere to come from breeding pigs housed in spaces that allow them to move around freely.

Conservative bloc

John G. Roberts Jr.

Roberts

Brett M. Kavanaugh

Kavanaugh

Amy Coney Barrett

Barrett

Neil M. Gorsuch

Gorsuch

Samuel A. Alito

Alito

Clarence Thomas

Thomas

Where the public stands

Such a law discriminates against commerce from other states Such a law does not discriminate against commerce from other states
All 48%52%
Democrats 41%59%
Independents 47%53%
Republicans 60%40%

Question wording: California law prohibits the sale of pork from pigs that are kept in small cages. Some people think that such a law discriminates against commerce from other states because most pork comes from outside California. Other people think that such a law does not discriminate against commerce from other states. What do you think? | Source: SCOTUSPoll

Fair Use of Copyrighted Works

The court ruled that Andy Warhol had improperly drawn on a prominent photographer’s portrait of Prince for an image of the musician that his estate licensed to a magazine.

Conservative bloc

John G. Roberts Jr.

Roberts

Brett M. Kavanaugh

Kavanaugh

Amy Coney Barrett

Barrett

Neil M. Gorsuch

Gorsuch

Samuel A. Alito

Alito

Clarence Thomas

Thomas

Where the public stands

The original creator is not entitled to payment The original creator is entitled to payment
All 26%74%
Democrats 23%77%
Independents 27%73%
Republicans 28%72%

Question wording: In 1981, a photographer took a photo of the musician Prince. The artist Andy Warhol made changes to this photograph and used that to create a series of famous prints. Some people think that when images are transformed like this, the original creator is not entitled to any payment. Other people think that the original creator is entitled to payment because the image is still recognizable. What do you think? | Source: SCOTUSPoll

Scope of Tech Platforms’ Liability Shield

The court sidestepped ruling on whether a law that protects social media platforms from lawsuits shields YouTube from a suit over videos supporting terrorism.

Conservative bloc

John G. Roberts Jr.

Roberts

Brett M. Kavanaugh

Kavanaugh

Amy Coney Barrett

Barrett

Neil M. Gorsuch

Gorsuch

Samuel A. Alito

Alito

Clarence Thomas

Thomas

Where the public stands

Companies can be held responsible when their algorithm recommends content to users Companies cannot be held responsible when their algorithm recommends content to users
All 69%31%
Democrats 70%30%
Independents 69%31%
Republicans 66%34%

Question wording: Some people think that large tech companies, such as Google, can be held responsible when their algorithm recommends certain content to users. Other people think that these companies cannot be held responsible for content recommended by the company’s algorithms if that content was posted by other users. What do you think? | Source: SCOTUSPoll

Tech Platforms and Terrorism

The court ruled that internet platforms may not be sued for aiding and abetting international terrorism by failing to remove videos supporting the Islamic State.

Conservative bloc

John G. Roberts Jr.

Roberts

Brett M. Kavanaugh

Kavanaugh

Amy Coney Barrett

Barrett

Neil M. Gorsuch

Gorsuch

Samuel A. Alito

Alito

Clarence Thomas

Thomas

Where the public stands

Social media companies can be held responsible Social media companies cannot be held responsible
All 72%28%
Democrats 77%23%
Independents 72%28%
Republicans 67%33%

Question wording: Federal law states that social media companies are not responsible for hosting content that is posted by others. Some people think that social media companies can be held responsible for aiding and abetting terrorism for not removing content and accounts promoting terrorism. Other people think that they cannot be held responsible. What do you think? | Source: SCOTUSPoll

Affirmative Action

The court will decide whether race-conscious admissions policies at Harvard, a private institution, and the University of North Carolina, a public one, violate the Constitution or a federal civil rights law.

Conservative bloc

John G. Roberts Jr.

Roberts

Brett M. Kavanaugh

Kavanaugh

Amy Coney Barrett

Barrett

Neil M. Gorsuch

Gorsuch

Samuel A. Alito

Alito

Clarence Thomas

Thomas

Where the public stands

Private colleges and universities should not be able to use race as a factor in admissions Private colleges and universities should be able to use race as a factor in admissions
All 69%31%
Democrats 58%42%
Independents 72%28%
Republicans 78%22%

Question wording: Some people think that private colleges and universities should not be able to use race as a factor in admissions. Other people think that they should be able to. What do you think? | Source: SCOTUSPoll

Public colleges and universities should not be able to use race as a factor in admissions Public colleges and universities should be able to use race as a factor in admissions
All 74%26%
Democrats 60%40%
Independents 75%25%
Republicans 88%12%

Question wording: Some people think that public colleges and universities should be able to use race as a factor in admissions. Other people think that they should not be able to. What do you think? | Source: SCOTUSPoll

State Legislatures and Federal Elections

The court may decide whether state legislatures have largely unchecked power to set the rules for federal elections.

Conservative bloc

John G. Roberts Jr.

Roberts

Brett M. Kavanaugh

Kavanaugh

Amy Coney Barrett

Barrett

Neil M. Gorsuch

Gorsuch

Samuel A. Alito

Alito

Clarence Thomas

Thomas

Where the public stands

Only state legislatures can regulate federal elections, without oversight from state courts State courts can exercise oversight over federal elections just like they do in other areas
All 45%55%
Democrats 39%61%
Independents 47%53%
Republicans 50%50%

Question wording: Some people think that the language in the Constitution means that only state legislatures can regulate federal elections, without oversight from state courts. Other people think that state courts can exercise this oversight as they do in other areas. What do you think? | Source: SCOTUSPoll

Student Loans

The court will decide whether the Biden administration’s plan to wipe out more than $400 billion in student debt was authorized by Congress.

Conservative bloc

John G. Roberts Jr.

Roberts

Brett M. Kavanaugh

Kavanaugh

Amy Coney Barrett

Barrett

Neil M. Gorsuch

Gorsuch

Samuel A. Alito

Alito

Clarence Thomas

Thomas

Where the public stands

The Biden administration overstepped its authority with its debt forgiveness plan The Biden administration did not overstep its authority with its debt forgiveness plan
All 50%50%
Democrats 27%73%
Independents 53%47%
Republicans 72%28%

Question wording: The Biden administration announced plans to give up to $20,000 in student loan forgiveness to people who make less than $125,000 a year. Some people think that the Biden administration overstepped its authority with this debt forgiveness plan. Other people disagree and think the Biden administration did not overstep its authority. What do you think? | Source: SCOTUSPoll

Religion, Free Speech and Gay Rights

The court will decide whether the First Amendment allows a web designer who objects to same-sex marriages to violate a state law that prohibits discrimination based on sexual orientation.

Conservative bloc

John G. Roberts Jr.

Roberts

Brett M. Kavanaugh

Kavanaugh

Amy Coney Barrett

Barrett

Neil M. Gorsuch

Gorsuch

Samuel A. Alito

Alito

Clarence Thomas

Thomas

Where the public stands

Such a law violates business owners’ rights to free speech Such a law does not violate business owners’ rights to free speech
All 51%49%
Democrats 34%66%
Independents 54%46%
Republicans 66%34%

Question wording: Colorado law prohibits businesses, including creative and artistic businesses, from discriminating against gay customers. Some people think this violates business owners’ rights to free speech. Other people think this does not violate business owners’ rights to free speech. What do you think? | Source: SCOTUSPoll

Tribal Rights

The court will decide whether aspects of the Indian Child Welfare Act violate the Constitution. The law seeks to keep Native American children with their tribes and preserve their heritage.

Conservative bloc

John G. Roberts Jr.

Roberts

Brett M. Kavanaugh

Kavanaugh

Amy Coney Barrett

Barrett

Neil M. Gorsuch

Gorsuch

Samuel A. Alito

Alito

Clarence Thomas

Thomas

Where the public stands

This law discriminates on the basis of race This law does not discriminate on the basis of race
All 47%53%
Democrats 44%56%
Independents 49%51%
Republicans 46%54%

Question wording: In 1978, Congress enacted a law that says that Native American children who are removed from their families should be placed with extended family members or foster homes of people who are also Native American. Some people think this law discriminates on the basis of race. Other people think it does not discriminate on the basis of race. What do you think? | Source: SCOTUSPoll

Race and Voting Maps

The court will decide whether Alabama lawmakers diluted the voting power of Black voters in violation of the Voting Rights Act by drawing only a single voting district in which Black people were in the majority.

Conservative bloc

John G. Roberts Jr.

Roberts

Brett M. Kavanaugh

Kavanaugh

Amy Coney Barrett

Barrett

Neil M. Gorsuch

Gorsuch

Samuel A. Alito

Alito

Clarence Thomas

Thomas

Where the public stands

The state should be forced to redraw the district The original plan with one majority-Black district is lawful
All 53%47%
Democrats 65%35%
Independents 52%48%
Republicans 39%61%

Question wording: One-fourth of Alabama voters are Black. Alabama recently created seven congressional districts, with only one of them being a majority-Black district. Some people think that the small number of districts in which Black voters are a majority violates Section 2 of the Voting Rights Act, which bans racial discrimination in voting policies, and that the state should be forced to redraw the districts. Other people disagree and say that the original plan with one majority-Black district is lawful. What do you think? | Source: SCOTUSPoll

Religious Employees

The court will decide whether employers must make accommodations for their workers’ religious practices after a postal worker refused to work on Sundays for religious reasons.

Conservative bloc

John G. Roberts Jr.

Roberts

Brett M. Kavanaugh

Kavanaugh

Amy Coney Barrett

Barrett

Neil M. Gorsuch

Gorsuch

Samuel A. Alito

Alito

Clarence Thomas

Thomas

Where the public stands

This is not religious discrimination This is religious discrimination
All 49%51%
Democrats 51%49%
Independents 49%51%
Republicans 48%52%

Question wording: A postal worker refused to work on Sundays for religious reasons. The Postal Service agreed to help him find co-workers to swap shifts with, but when he could not find any co-workers to swap with and did not show up to work multiple times, he was disciplined and then quit. Some people think that this is not religious discrimination. Other people think that this is religious discrimination and that the employer should have to accommodate his beliefs and should not have disciplined him. | Source: SCOTUSPoll

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