The often staid Supreme Court closed its last term in late June with a nail-biting final day decision on the Affordable Care Act. The opinion surprised almost everyone, including four of the Court’s five conservative justices, as Chief Justice John Roberts, for the first time ever in a 5-4 decision, joined the liberal wing of the Court to uphold the bulk of the Affordable Care Act. Three days earlier, the Court struck down most of Arizona’s anti-immigrant law, again surprising many observers and disappointing many conservatives.
This term, which opens Monday, October 1, promises to be almost as controversial. Where the Court’s biggest cases last term dealt with the relative powers of the federal and state governments, this term they focus on equality. The Court has already agreed to hear a challenge to the University of Texas’s affirmative action program. It is also very likely to hear a constitutional challenge to a central provision of the 1965 Voting Rights Act. At stake in these cases is the meaning of the Constitution’s guarantee of equal protection of the law, a right that the nation has struggled over since its inception and that still means radically different things to different people.