(Photo by Staci Zaretsky)
The main distinction between a right and a privilege used to be that rights could not be taken away from you. Nowadays, the distinction hinges on whether the Supreme Court has released a new opinion. As terrifying as that is for personal liberty, it does create the opportunity to gamify our dwindling rights! So, which right is up next on the chopping block?
What is the next right the Supreme Court will decide was actually a privilege all along?
— Above the Law (@atlblog) October 7, 2024
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Here are a couple of the cases, courtesy of People For:
United States v. Skrmetti will decide constitutionality of laws making it illegal to give transgender minors critically important gender-affirming care. The justices may also decide if laws harming transgender people trigger heightened judicial scrutiny like laws discriminating on the basis of sex.
Garland v. VanDerStokwill decide whether to exempt untraceable “ghost guns” from federal firearm safety laws.
Lackey v. Stinniewill determine if civil rights litigants whose cases end at the preliminary injuction level get to get their lawyer’s fees covered.
My money is on civil rights plaintiffs getting defendants to pay their attorneys’ fees. Now that the plaintiff in 303 Creative got her lawyers’ fees handled by Colorado, why not pick the ladder up? Then again, you really couldn’t go wrong with undermining the EPA. Will we get Roberts’s coy openness to regulations that matter or an unchecked Thomas saying the quiet part out loud this time?
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Only time will tell! May the odds be ever in your favor.
What’s Next For the MAGA Justices? The Upcoming 2024-25 Supreme Court Term [People For]
Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s. He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at [email protected] and by tweet at @WritesForRent.