A general view of the US Supreme Court building in Washington on November 26, 2021. Picture: REUTERS/Will Dunham
The court has become increasingly assertive since the addition of former President Donald Trump’s third appointee, Amy Coney Barrett, in 2020 gave the nation's top judicial body a 6-3 conservative majority. Her appointment changed the court's dynamics by marginalising chief justice John Roberts, considered an incrementalist conservative.
The court appears “more willing to reconsider precedent and consider broad questions when the opportunity arises,” said Jonathan Adler, a professor at Case Western Reserve School of Law in Ohio. “Given the political appearance of the docket that they're putting together, it's all the more remarkable given that they have to know how much the public is paying attention,” Wilson said.
The justices now seem keen to dive in — sometimes even before lower courts have fully considered cases — as they did in multiple challenges to Trump administration policies blocked by lower courts.
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