Supreme Stakes

It’s the first Monday in October.

And here’s all I really want to say:

It has been a really big year for the judicial system (Um, the ACA, anyone?), in policymaking, and (in the crystal ball that I don’t really have) I see that continuing for quite a while.

With such polarization in the legislative and executive arenas, there is a lot of ‘envelope-pushing’ these days. And, when envelopes are pushed, sometimes details can get overlooked.

Like the Constitution.

I think we’ll see a lot more anti-immigrant legislation, which, while the Supreme Court has already green-lighted many of the Arizona-style provisions, is still likely to run afoul of preemption and equal protection, in particular, in legislators’ zealousness to ‘out-anti-immigrant’ each other.

It’s easy to imagine that Kansas might be the site of a showdown over abortion rights, and that that battle could end up in court. Kansas, too, is likely to abdicate its constitutional responsibilities in education, and many states are seriously failing students of color, in particular, in ways that invite court action. Depending on what happens in the November elections, we could see another attempt at campaign finance reform legislation, which could challenge some of the findings in the Citizens United decision.

What does this mean, on this October 1st?

That social workers had better be paying close attention, not just to the decisions that courts hand down, but to the issues where they should be asked to decide, too.

We have three branches for a reason and, even though we certainly can’t guarantee the outcome when we turn to the courts, we can’t afford to ignore one of the tools at our disposal.

The stakes are high, as I imagine the founders knew they would be, and we just might need to go to court.

A lot.

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