Justice Sonia Sotomayor offered sharp commentary on Tuesday about the Supreme Court‘s recent rulings, claiming the high court has adopted several past dissenting opinions as new rulings.
During oral arguments for Little v. Hecox, one of two cases the Supreme Court heard Tuesday regarding state laws limiting women’s sports to biological women, Sotomayor questioned Justice Department lawyer Hashim Mooppan about the DOJ’s position on how to handle the claim that Idaho’s law violates the equal protection clause. She pointed to how the DOJ’s brief asked the high court to adopt the opinion of a dissent in a prior ruling.
“You’re asking the court to adopt views expressed by two minority dissenting judges in this case. We’ve been doing an awful lot of that lately,” Sotomayor asked, to which Mooppan grinned.
“You’re smiling because it’s true. But you’re asking us to adopt an approach that we have rejected as a majority court and accept what dissenters are doing, correct?” Sotomayor continued.
The Supreme Court has undone several key precedents in recent years, including with the 2022 ruling in Dobbs v. Jackson Women’s Health Organization regarding abortion and the 2023 ruling in Students for Fair Admissions v. Harvard. The high court also looks poised to strike down or significantly roll back the 1935 ruling in Humphrey’s Executor v. United States, which would expand the president’s ability to fire independent agency heads.
Sotomayor has offered several recent barbs during oral arguments, including by seemingly alluding to President Donald Trump giving Elon Musk a job in his administration as an example of corruption and claiming that the Trump administration asked the high court to “destroy the structure of government.”
Sotomayor and the other two liberal justices appeared likely on Tuesday to side with the biological male athletes suing to participate in women’s sports, but the conservative majority on the high court appeared likely to side with the two states in upholding their laws.
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The Supreme Court is expected to release opinions in both cases by the end of June. The two cases are some of the most highly anticipated decisions still to come from the high court this term.
The pair of cases regarding women’s sports laws is among several other high-profile cases the justices have heard or will hear this term. Other notable cases include challenges to Trump’s sweeping tariffs, birthright citizenship, late-arriving mail ballots, and gun laws. Decisions in the other high-profile cases could come as soon as Wednesday or, at the latest, by the end of June.