Supreme Court ’23-’24 Term in Review: ‘It’s About Power. It’s About Politics.’

Monday, July 1, marked the end of a historic and ominous Supreme Court term—with bombshell rulings on presidential immunity, the right to abortion care in emergencies, gun control, the criminalization of homelessness, the availability of medication abortion and more.

A panel at the 14th annual Supreme Court Review at Georgetown Law School discussed the high Court’s monumental decisions from the last several months, which will have ripple effects for years and decades to come. 

Pregnant People Who Use Drugs Deserve Supportive Policies and Treatment, Not Punishment

It is an unarguable fact: Pregnant people use opioids and other drugs. The stigma and discrimination they face, including when seeking prenatal care, can lead to worse outcomes for them and their babies. 

Addiction is a medical issue, not a moral one, and persistent stigma is a continued barrier to care. We must roll back punitive policies and create non-stigmatizing medical environments that can support pregnant people who use drugs. I

Read Sonia Sotomayor’s Dissent: ‘The President Is Now a King Above the Law’

In a 6-3 decision, the Supreme Court ruled that former President Donald Trump has “absolute immunity” from criminal prosecution for all “official acts” he took while in office. The case, which began last year, is related to charges against the former president for his role in the Jan. 6, 2021, attacks on the U.S. Capitol.

“With fear for our democracy, I dissent,” Justice Sonia Sotomayor concluded in a scathing dissent, joined by Justices Elena Kagan and Ketanji Brown Jackson.

Read more of our favorite takes from her dissent.

My Daughter Was Assaulted in a Hospital. Body Cams Could Have Brought Us Justice.

Six people assaulted or aided the assault on my daughter for no medical outcome. Her first experience with penetration in her private area was by an adult male, decades older, who overpowered her and refused to listen to her.

Especially when male doctors are going to be in the vicinity of female private parts, there must be consent, at all ages, at all times. If the ER staff wore body cams, if I had a video of that hospital room to offer as evidence of the sexual assault of a minor—a toddler—as evidence that the Hippocratic oath was breached, then I would be less likely to be seen as a mother overreacting.

EMTALA Dissents: Jackson Warns of ‘Storm Clouds’ for Pregnant Women, While Conservatives Long for Fetal Personhood

The Supreme Court’s dismissal of the EMTALA case drew the fierce ire of Justice Ketanji Brown Jackson. Warning of the “storm clouds [that] loom ahead,” Jackson condemned the Court’s failure to resolve the case on the merits, in accordance with the long-settled principle that “state laws that conflict with federal laws, are ‘without effect.’”

In an alternate dissent, the Court’s hardcore conservative justices—Alito, Thomas and Gorsuch—paid homage to the unborn child.

Trump’s Lies About Abortion in America Were Particularly Appalling

Trump lied constantly about the realities of abortion in the U.S. during Thursday’s debate. He falsely claimed that “all legal scholars” wanted Roe overturned, and that Democrats intend to execute newborns.

He is responsible for young victims of rape or incest being forced to give birth or travel across state lines to access abortion, and women facing life-threatening pregnancy complications due to inability to access abortion, just to name a few.

Nowhere to Turn: Survivors are Unsafe at Home and Criminalized on the Streets

As domestic violence and housing costs skyrocket, the Supreme Court’s answer to the crisis of homelessness is more cruelty.

Now, it’s up to state and local governments to invest in proven strategies that help end abuse and homelessness, such as broad investments in affordable housing and targeted investments in survivor-specific housing programs. Survivors can’t wait any longer for the safe, affordable housing they need.