The U.S. Supreme Court Shifts its Focus: Twice as Many Cases on Abortions and Guns.

US Supreme Court courtroom interior
US Supreme Court courtroom interior

Main Conclusions

  • The Supreme Court is significantly more focused on cultural political issues such as religion, guns, LGBTQ rights, and abortions than in recent history.
  • The Court is currently considering more than twice as many cases on these issues compared to the Obama presidency.
  • This is influenced by several factors: the justices' interest in cultural policy, the activity of right-wing lawyers in filing lawsuits, especially when the court includes liberal-leaning justices, as well as numerous changes in legislation requiring clarification.

According to Vox: For decades, the Supreme Court operated as a fairly technocratic body. While several landmark cases were decided, politically significant issues made up only a small part of the Court's work.

Currently, this situation has changed significantly. In the term 2024-25, the Supreme Court plans to reduce the remnants of the Voting Rights Act, legalize anti-LGBTQ 'conversion therapy' in all 50 states, allow states to ban transgender athletes from school competitions, give former President Trump significant control over 'independent agencies', and expand gun rights.

The current composition of nine justices is clearly interested in cultural issues such as religion, guns, LGBTQ, and abortions. The Court, where the majority is 6-3 in favor of Republicans, handles twice as many cases on these topics than during the Obama presidency.

Changes in the Court's Agenda

During Obama's presidency, the Court considered twelve cases on these issues; meanwhile, throughout the five terms of the Supreme Court with a Republican majority (from 2021 to now), 18 such cases have already been considered, averaging 3.6 cases per term compared to 1.5 during Obama's time.

This occurs despite the fact that the total number of cases the Court hears has been declining since the 1980s. In the term 2024-25, the Supreme Court accepted only 62 cases that were fully considered at hearings.

Thus, the current composition of judges is reviewing an increasing number of cases on politically sensitive issues, even as the overall case load declines.

The growing interest of the Court in cultural policy is not news to those who closely follow its activities. In recent years, the Republican majority on the Court seems to be maintaining a certain course — revisiting 20-year-old precedents that now contradict the Republican Party's stance, and overturning these decisions. This period is characterized by the overturning of the constitutional right to abortion, banning affirmative action in educational institutions, and taking control of executive policy.

The Court's New Obsession with Cultural Wars and Numbers

To assess how the Court's focus has changed, two different periods were reviewed. The first is all eight terms of the Supreme Court that began during Obama's presidency, and the second is from 2021 to 2025.

Overall, it was found that during Obama's terms, twelve cases related to cultural policy were decided, while in the most recent terms—eighteen.

Methodology

The study examined cases concerning four issues: abortions, guns, LGBTQ rights, and religion. Here is how these categories were defined:

  • Abortion: Cases that directly defined the rights of abortion seekers and women seeking abortions, excluding instances when abortion was merely mentioned.
  • Guns: This category covers cases relating to the provisions of the Second Amendment. Exclusions apply to cases interpreting firearms regulations.
  • LGBTQ: This category covers issues where the Court examined LGBTQ rights in the context of sexual orientation.
  • Religion: Covers cases that examine constitutional guarantees of freedom of religion.

The Court Now Regularly Considers Issues Rarely Raised Under Obama

Additionally, several court decisions on religious issues have also been noted that were recorded during Obama's presidency.

Since Republicans gained a majority in the Court, three abortion-related decisions have been made, and in each case, the Court leaned in favor of the anti-abortion side.

Previously, cases regarding property rights were considered so rarely that it caused outrage among some justices.

Reasons for Changing the Court's Agenda

A key factor influencing the Court's new focus is that the justices are oriented towards choosing cases they will hear, and most of them may only select those that align with their political objectives.

This, combined with the changing attitude of the justices towards cultural issues, leads many cases that were previously blocked to now be able to pass unimpeded.

Thus, the situation for right-wing groups and lobbyists is changing. Now cases on conservative issues receive significantly more attention than before.

It is important to observe future Court decisions to understand how these issues will evolve in the context of the political landscape in the U.S.


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