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Supreme Court 2023-24 Preview

By September 27, 2023LBB, SCOTUS
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The United States Supreme Court’s term is set to start on the first Monday in October. Therefore, this is the perfect time to give you a preview of some of the most important cases we are watching and ask you to pray for the Justices and the attorneys involved. I will give you three cases in two areas of importance, and then I want to leave you with an important petition before the Court that I want you to pray for specifically.

Loper Bright Enterprises v. Raimondo
This case is important to us because it will allow the Court the opportunity to do something we have been asking it to do for many years: overturn its decision in Chevron v. Natural Resources Defense Council.

Chevron is a 1984 Supreme Court decision that requires courts to defer to government agencies when those agencies interpret federal law. But as we have experienced very practically in recent years, government agencies are prone to abuse that power to promote political agendas instead of impartial “expertise.” This has resulted in some very egregious violations, where agencies, like the IRS target people of faith, like the Little Sisters of the Poor, for example. Or who can forget how supposedly health experts targeted churches during the COVID scare.

The Court has already acknowledged many problems with Chevron, showing great skepticism about its application in lower courts, and we are hoping this case finally ends its regrettable era.

Then, there are two cases having to do with Big Tech and public officials which will be heard together and present some interesting issues for the Court to consider.

Lindke v. Freed
In this case, the Court will decide whether a public official’s social media activity can constitute state action only if the official used the account to perform a governmental duty or under the authority of his or her office.

O’Connor-Ratcliff v. Garnier
Similarly here, the Court will decide whether a public official engages in state action subject to the First Amendment by blocking an individual from the official’s personal social media account, when the official uses the account to feature their job and communicate about job-related matters with the public, but does not do so pursuant to any governmental authority or duty.

Finally, I want to highlight for you a cert. petition where CWA has submitted an amicus brief asking the Court to take the case.

Vitagliano v. County of Westchester
This case challenges a “buffer zone” law restricting free speech around abortion clinics in New York. The law establishes a 100-foot zone that prohibits anyone from approaching a person within eight feet to provide information or counseling. 

Please pray for these important cases, that justice will be done. As Proverbs 21:15 says, “When justice is done, it brings joy to the righteous …”

Current make up of the Court:
John G. Roberts, Jr., Chief Justice of the United States
Clarence Thomas, Associate Justice
Samuel A. Alito, Jr., Associate Justice
Sonia Sotomayor, Associate Justice
Elena Kagan, Associate Justice
Neil M. Gorsuch, Associate Justice
Brett M. Kavanaugh, Associate Justice
Amy Coney Barrett, Associate Justice
Ketanji Brown Jackson, Associate Justice