On Monday, the networks and cable channels greeted the new term of the Supreme Court with worry, fretting about the “super majority of conservatives” and what they might do as a follow-up to overturning Roe v. Wade. Suddenly, ditching precedent is seen as worthy of warning viewers about.
On World News Now, Mona Kosar Abdi saw the conservative “taking aim”:
The Supreme Court is poised to hear a serious of controversial cases as it kicks off a new term today. The 6-3 conservative majority is taking aim at key precedents on affirmative action, gay rights, voting and race and environmental protection.
University of Michigan Professor Barbara McQuade appeared on Monday’s Jose Diaz-Balart Reports on MSNBC and warned: “Once again we have this 6-3 conservative majority. That alone is nothing to be worried about except for the fact that what we saw in the last term was a willingness to overturn precedent.”
After predicting losses for liberals in religious liberty cases, affirmative action, and others, McQuade concluded, “All of those cases I think are worrisome in light of this 6-3 majority that is shown an unwillingness to adhere to precedent.”
On the Today show, Kelly O’Donnell at least noted the existence of liberals on the Court: “The supermajority of conservatives, six of them, three liberals.”
On CNN’s New Day, Ariane de Vogue parroted the new-found media concern over the loss of precedent:
But now a conservative group is looking at the programs at Harvard, University of North Carolina and it says it's asking the Supreme Court to overturn that precedent to say that race shouldn't be considered at all. Again, this conservative Court could be in the position of overturning precedent like it did last term.
Partial transcripts are below. Click “expand” to read more:
Today
10/3/2022SAVANNAH GUTHRIE: Back to the bench. Justices return to the Supreme Court today face new protests over Roe v. Wade and a slate of hot button cases that could impact the midterms.
7:13 AM ET
HODA KOTB: In Washington where all eyes are on the Supreme Court, opening its new term with a new justice, a packed agenda and lingering fallout from the decision to overturn Roe V. Wade. NBC’s Kelly O'Donnell is joining us there from the Court. Kelly, this is a really historic day. Justice Ketanji brown Jackson on the bench and she’s actually hearing a case for the first time. What do we expect today?
KELLY O’DONNELL: Good morning, Hoda. For the first time the nine justices of the Supreme Court include four women and the first black woman with Justice Ketanji Brown Jackson who was welcomed here Friday in a special ceremony, taking the oath and taking her seat on the bench. President Biden attended that ceremony. And the Court put out a photo of the nine justices appearing together for the very first time and the court will look like that for the term ahead.
The super majority of conservatives, six of them, three liberals, so Justice Jackson does not change the ideological makeup of the Court as it gets its work under way today. She hears her first case. They'll be dealing with issues that involve race and voting rights and gay rights in America. They'll deal with an issue of race in college admissions with affirmative action involving cases with Harvard and the University of North Carolina. They'll look at the electoral map in Alabama and examine will changes there have made it harder for black voters to have the same weight. They'll also look at a case in Colorado where a web designer does not want to provide creative services for gay weddings, citing freedom of speech. So, it gives you a sense of how these cases really reflect a lot of American life and will also affect the culture wars in our country.
KOTB: Kelly, we have midterms coming up. Do you expect to see an impact on the midterms from things like Roe V. Wade being overturned?
O’DONNELL: Well, after that blockbuster term that ended in June with abortion rights and the constitutional protection, they're going away, Democrats certainly believe that will motivate their voters to turn out and to elect more Democrats who could potentially put laws in effect to protect abortion rights. Apart from the Court, Republicans see things like the economy and inflation as ways they could do well in the midterms. So, some of it will be influenced by the Court. Some with larger issues. But the court is a vital place in American life and it will be another term with really momentous and consequential decisions. Hoda?
...
Jose Diaz-Balart Reports
10/3/202210:20 AM ET
JOSE DIAZ BALART: After roe was overturned, all eyes were on what the Court will do next. What are the stakes going into this new term?
BARBARA MCQUADE (Professor, University of Michigan Law School): Well, once again we have this 6-3 conservative majority. That alone is nothing to be worried about exempt for the fact that what we saw in the last term was a willingness to overturn precedent. So I think that to be very concerning about some of the big cases coming along in this term. There is a big case on affirmative action that I think most of us expect will overturn out of the University of Michigan Law School that said it is a compelling interest that allows race to be considered in a factor in deciding admissions. There is another case that deals gerrymandering. It is the case out of Alabama that will be argued tomorrow out of Alabama. Legislators that create districts that pack all of the members of one race into one district to dilute voting rights will be allowed to stand, which could cause further mischief in the way elections are decided. And then the third big case later this term, we don't have a date yet, involves this independent state legislators theory. That says if a state legislature makes the decisions about how elections could be handled, regardless of how outrageous, the state courts are not able to serve as a check on them. The state legislatures will get the final say. All of those cases I think are worrisome in light of this 6-3 majority that is shown an unwillingness to adhere to precedent.
...
New Day
10/3/2022
6:24 AMARIANE DE VOGUE: Another case having to do with race. Because Court precedent allows colleges and universities to take race into consideration as one factor in admissions. But now a conservative group is looking at the programs at Harvard, University of North Carolina and it says it's asking the Supreme Court to overturn that precedent to say that race shouldn't be considered at all. Again, this conservative Court could be in the position of overturning precedent like it did last term. There's also a couple of big cases having to do with LGBTQ rights, another voting rights case. It's a really significant term. It comes as public opinion of the Court is plummeting.
...
World News Now
10/3/20223:08 AM
MONA KOSAR ABDI: The Supreme Court is poised to hear a serious of controversial cases as it kicks off a new term today. The 6-3 conservative majority is taking aim at key presidents on affirmative action, gay rights, voting and race and environmental protection.
