The past judicial term has been the most memorable in recent memory, especially insofar as it advanced conservative jurisprudence. The Supreme Court made several landmark decisions that will shape future policymaking for years to come, and they did so without once straying from the original text and meaning of the law.
By far the most impactful decision handed down in 2022 was Dobbs v. Jackson Women’s Health Organization, which brought with it the overturning of Roe v. Wade and Planned Parenthood v. Casey. This had been a goal of the conservative legal movement for decades, and the majority opinion by Justice Samuel Alito was a testament to just how successful their work has been. Dobbs rebuked the court’s past judicial activism, arguing that it wrongly read into the Constitution a right to abortion that did not exist. Most importantly, Dobbs recognized that matters of policy such as abortion are ultimately the responsibility of the public and their elected lawmakers.
The effects of Dobbs are already being felt. In the months after the decision was released, legal abortions nationwide dropped by around 6%, which means thousands of lives were saved. A number of states moved to restrict or ban the procedure altogether, while others increased protections for abortion access. In both cases, the voters had much more of a say in their state’s abortion policies than they have in the past.
A case that has important implications for the future of regulation is West Virginia v. Environmental Protection Agency, in which the court ruled that the EPA overstepped its authority to regulate carbon emissions from power plants and reminded Congress that it cannot let agencies such as the EPA do its legislative job.
Then there was New York State Rifle & Pistol Association v. Bruen, which struck down burdensome state restrictions on concealed carry permits as a violation of the Second Amendment.
And in Carson v. Makin, the Supreme Court handed religious liberty and school choice advocates an important victory by ruling that Maine cannot bar religious schools from a state voucher program.
There are plenty of important cases to watch for in next year’s term, but it will be difficult to top this past one. 2022’s docket included some of the most important victories for freedom and the rule of law of the last 75 years. It seems the many years spent building up an originalist bench have finally paid off.
