Введение
Суд Робертса – это период с 2005 года, в течение которого Верховный суд США возглавляет Джон Робертс в качестве председателя. Робертс сменил Уильяма Ренквиста на посту председателя после смерти Ренквиста. Он широко считается самым консервативным судом со времен суда Винсона (1946–1953). Это обусловлено выходом на пенсию относительно умеренной судьи Сандры Дэй О'Коннор и утверждением более консервативного судьи Сэмюэля Алито. Идеологический баланс суда еще больше сместился вправо в последующие годы благодаря замене судьи Энтони Кеннеди, занимавшего позицию решающего голоса, на Бретта Кавано в 2018 году и замене либеральной Рут Бадер Гинзбург на Эми Кони Барретт в 2020 году. С момента назначения Барретт, суд Робертса является самым непопулярным судом с тех пор, как Gallup начал проводить опросы в 1973 году.
Period of the US Supreme Court since 2005
the British politician
The Roberts Court is the time since 2005 during which the Supreme Court of the United States has been led by John Roberts as Chief Justice. Roberts succeeded William Rehnquist as Chief Justice after Rehnquist's death. It is widely considered to be the most conservative court since the Vinson Court (1946–1953). This is due to the retirement of the relatively moderate Justice Sandra Day O'Connor and the confirmation of the more conservative Justice Samuel Alito. The ideological balance of the court shifted further to the right in the following years through the replacement of swing vote Anthony Kennedy with Brett Kavanaugh in 2018 and the replacement of liberal Ruth Bader Ginsburg with Amy Coney Barrett in 2020. Since the appointment of Barrett, the Roberts Court is the most unpopular Court since polling started by Gallup in 1973.
the British politician
The Roberts Court is the time since 2005 during which the Supreme Court of the United States has been led by John Roberts as Chief Justice. Roberts succeeded William Rehnquist as Chief Justice after Rehnquist's death. It is widely considered to be the most conservative court since the Vinson Court (1946–1953). This is due to the retirement of the relatively moderate Justice Sandra Day O'Connor and the confirmation of the more conservative Justice Samuel Alito. The ideological balance of the court shifted further to the right in the following years through the replacement of swing vote Anthony Kennedy with Brett Kavanaugh in 2018 and the replacement of liberal Ruth Bader Ginsburg with Amy Coney Barrett in 2020. Since the appointment of Barrett, the Roberts Court is the most unpopular Court since polling started by Gallup in 1973.
Членство
Робертс был первоначально выдвинут президентом Джорджем Бушем на должность помощника судьи для смены Сандры Дей О’Коннор, объявившей о своем уходе на пенсию после утверждения ее преемника. Однако, прежде чем Сенат успел рассмотреть кандидатуру, скончался председатель Верховного суда Уильям Ренквист. Президент Буш оперативно отозвал первоначальную номинацию и повторно представил ее на должность председателя Верховного суда; эта вторая номинация Робертса была утверждена Сенатом 29 сентября 2005 года 78 голосами против 22. Робертс принес конституционную присягу, которую в тот же день в Белом доме принял старший помощник судьи Джон Пол Стивенс (исполнявший обязанности председателя Верховного суда в период вакансии). 3 октября Робертс принес судебную присягу, предусмотренную Законом о судопроизводстве 1789 года, перед началом первых устных слушаний в 2005 году. Суд Робертса начал свою работу под председательством Робертса и с участием восьми действующих помощников судьи из состава суда Ренквиста: Стивенса, О’Коннор, Антонина Скалии, Энтони Кеннеди, Дэвида Саутера, Кларенса Томаса, Рут Бадер Гинзбург и Стивена Брейера. Второй кандидат президента Буша на замену О’Коннор, Харриет Майерс, отказалась от участия в голосовании; третьим кандидатом Буша на замену О’Коннор был Сэмюэл Алито, который был утвержден в январе 2006 года. В 2009 году президент Барак Обама выдвинул Сонию Сотомайор на замену Саутера; она была утверждена. В 2010 году Обама выдвинул Елену Каган на замену Стивенса; она также была утверждена. В феврале 2016 года скончался судья Скалия; в следующем месяце Обама выдвинул кандидатуру Меррика Гарланда, но Сенат так и не рассмотрел ее, и она истекла с окончанием работы 114-го Конгресса и началом работы 115-го Конгресса 3 января 2017 года. 31 января 2017 года президент Дональд Трамп выдвинул Нила Горсуча на замену Скалии. Демократы в Сенате применили процедуру филибъеринга против кандидатуры Горсуча, что привело к использованию республиканцами тактики "ядерного варианта". После этого Горсуч был утвержден в апреле 2017 года. В 2018 году Трамп выдвинул Бретта Кавано на замену Кеннеди; он был утвержден. В сентябре 2020 года скончалась судья Гинзбург; Трамп выдвинул Эми Кони Барретт в качестве преемницы Гинзбург, и она была утверждена 26 октября 2020 года, за несколько дней до выборов 2020 года. В 2022 году Брейер объявил о своем уходе на пенсию в конце срока Верховного суда, при условии утверждения его преемника, в письме президенту Джо Байдену. Байден выдвинул Кетанджи Браун Джексон на место Брейера, и она была утверждена Сенатом. Брейер оставался в составе Суда до начала летних каникул 30 июня, после чего Джексон принесла присягу, став первой афроамериканкой и первым бывшим федеральным общественным защитником в истории Верховного суда.
Roberts was originally nominated by President George W. Bush as an associate justice to succeed Sandra Day O'Connor, who had announced her retirement, effective with the confirmation of her successor. However, before the Senate could act upon the nomination, Chief Justice William Rehnquist died. President Bush quickly withdrew the initial nomination and resubmitted it as a nomination for Chief Justice; this second Roberts nomination was confirmed by the Senate on September 29, 2005, by a 78–22 vote. Roberts took the constitutional oath of office, administered by senior Associate Justice John Paul Stevens (who was the acting chief justice during the vacancy) at the White House after his confirmation the same day. On October 3, Roberts took the judicial oath provided for by the Judiciary Act of 1789, prior to the first oral arguments of the 2005 term. The Roberts Court commenced with Roberts as Chief Justice and the final eight associate justices from the Rehnquist Court: Stevens, O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, Ruth Bader Ginsburg, and Stephen Breyer. President Bush's second nominee to replace O'Connor, Harriet Miers, withdrew before a vote; Bush's third nominee to replace O'Connor was Samuel Alito, who was confirmed in January 2006. In 2009, President Barack Obama nominated Sonia Sotomayor to replace Souter; she was confirmed. In 2010, Obama nominated Elena Kagan to replace Stevens; she, too, was confirmed. In February 2016, Justice Scalia died; in the following month, Obama nominated Merrick Garland, but Garland's nomination was never considered by the Senate, and it expired when the 114th Congress ended and the 115th Congress began on January 3, 2017. On January 31, 2017, President Donald Trump nominated Neil Gorsuch to replace Scalia. Democrats in the Senate filibustered the Gorsuch nomination, which led to the Republicans exercising the "nuclear option". After that, Gorsuch was confirmed in April 2017. In 2018, Trump nominated Brett Kavanaugh to replace Kennedy; he was confirmed. In September 2020, Justice Ginsburg died; Trump nominated Amy Coney Barrett to succeed Ginsburg and she was confirmed on October 26, 2020, days before the 2020 election. In 2022, Breyer announced his retirement effective at the end of the Supreme Court term, assuming his successor was confirmed, in a letter to President Joe Biden. Biden nominated Ketanji Brown Jackson to succeed Breyer, and she was confirmed by the Senate. Breyer remained on the Court until it went into its summer recess on June 30, at which point Jackson was sworn in, becoming the first black woman and the first former federal public defender to serve on the Supreme Court.
Другие отрасли
В период деятельности этого суда президентами были Джордж У. Буш, Барак Обама, Дональд Трамп и Джо Байден. В состав Конгресса входили 109-й и все последующие по настоящее время – 118-й Конгрессы США.
Presidents during this court have been George W. Bush, Barack Obama, Donald Trump, and Joe Biden. Congresses included the 109th through the current 118th United States Congresses.
Решение Суда
Суд Робертса вынес важные решения по вопросам включения Билля о правах, контроля над оружием, позитивных мер, регулирования финансирования избирательных кампаний, избирательного законодательства, абортов, смертной казни, прав ЛГБТ, незаконных обысков и изъятий, а также уголовного наказания. Основные решения Суда Робертса включают:
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): В решении 5–4, где мнение большинства изложил судья Кеннеди, Суд постановил, что положения Закона о реформе финансирования избирательных кампаний, регулировавшие независимые расходы корпораций, профсоюзов и некоммерческих организаций в ходе политических кампаний, нарушают право на свободу слова, гарантированное Первой поправкой.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
National Federation of Independent Business v. Sebelius (2012): В решении 5–4, написанном председателем Суда Робертсом, Суд подтвердил большинство положений Закона о защите пациентов и доступном медицинском обслуживании, включая индивидуальный мандат на приобретение медицинской страховки. Мандат был подтвержден как часть полномочий Конгресса по налогообложению. В последующем деле King v. Burwell (2015) Суд подтвердил Закон о защите пациентов и доступном медицинском обслуживании, на этот раз в решении 6–3, написанном председателем Суда Робертсом. В третьем связанном деле California v. Texas (2021) Суд постановил, что ни штаты, ни отдельные лица не имеют права оспаривать индивидуальный мандат PPACA, поскольку штраф был снижен до 0 долларов в соответствии с Законом о снижении налогов и рабочих мест 2017 года. Решение 7–2 было написано судьей Брейером.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Arizona v. United States (2012): В решении 5–3, вынесенном судьей Кеннеди, Суд постановил, что отдельные положения закона Аризоны SB 1070, касающегося иммиграции, неконституционно узурпировали федеральную власть по регулированию иммиграционного законодательства и его обеспечению.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Shelby County v. Holder (2013): В решении 5–4, вынесенном председателем Суда Робертсом, Суд постановил, что раздел 4 Закона о правах голоса 1965 года, который предусматривал формулу охвата для раздела 5 Закона о правах голоса, является неконституционным. Последний раздел требует, чтобы определенные штаты и юрисдикции получали предварительное одобрение федеральных властей перед внесением изменений в законы или практику голосования, чтобы предотвратить дискриминацию избирателей в этих штатах и юрисдикциях. Без формулы охвата раздел 5 Закона о правах голоса больше не действует.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Burwell v. Hobby Lobby (2014): В решении 5–4, вынесенном судьей Алито, Суд освободил тесно связанные корпорации от требования Закона о доступном медицинском обслуживании об обеспечении контрацепцией, основываясь на Законе о восстановлении религиозной свободы.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Riley v. California (2014): В решении 9–0 Суд постановил, что бесприказный обыск и изъятие цифрового содержимого мобильного телефона во время ареста являются неконституционными.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Obergefell v. Hodges (2015): В решении 5–4, вынесенном судьей Кеннеди, Суд постановил, что положения о надлежащей правовой процедуре и равной защите гарантируют право однополых пар на заключение брака.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Whole Woman's Health v. Hellerstedt (2016): В решении 5–3, вынесенном судьей Брейером, Суд признал ограничения, наложенные штатом Техас на клиники по абортам, "необоснованным бременем" для доступа к абортам.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Trump v. Hawaii (2018): В решении 5–4, написанном председателем Суда Робертсом, Суд отменил предварительный запрет на запрет на поездки Трампа, разрешив ему вступить в силу. Суд также отменил прецедентное дело Korematsu v. United States (1944), которое разрешало президенту Франклину Делано Рузвельту интернировать американцев японского происхождения во время Второй мировой войны.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Carpenter v. United States (2018): В решении 5–4, написанном председателем Суда Робертсом, Суд постановил, что получение правительством данных о местоположении сотовой связи является обыском в соответствии с Четвертой поправкой и, следовательно, обычно требует ордера.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Janus v. AFSCME (2018): В решении 5–4 Суд постановил, что взносы профсоюзов в государственном секторе с нечленов нарушают право на свободу слова, гарантированное Первой поправкой, отменяя решение 1977 года по делу Abood v. Detroit Board of Education, которое ранее разрешало такие взносы.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Timbs v. Indiana (2019): В решении 9–0 Суд постановил, что положение о "чрезмерных штрафах" в Восьмой поправке распространяется на правительства штатов и местных органов власти, что влияет на использование гражданской конфискации.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Rucho v. Common Cause (2019): В решении 5–4, написанном председателем Суда Робертсом, Суд постановил, что иски о партийном переделе избирательных округов представляют собой политические вопросы, не подлежащие судебному рассмотрению.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Bostock v. Clayton County (2020): В решении 6–3, вынесенном судьей Горсачем, Суд постановил, что положения о защите занятости в соответствии с разделом VII Закона о гражданских правах 1964 года распространяются на защиту гендерной идентичности и сексуальной ориентации.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Espinoza v. Montana Department of Revenue (2020): В решении 5–4, написанном председателем Суда Робертсом, Суд постановил, что стипендиальная программа, финансируемая штатом, которая предоставляет государственные средства для посещения частных школ, не может дискриминировать религиозные школы в соответствии с положением о свободе вероисповедания Конституции.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Brnovich v. Democratic National Committee (2021): В решении 6–3, написанном судьей Алито, Суд постановил, что два избирательных закона Аризоны не нарушают Закон о правах голоса 1965 года и не преследуют расистские цели. Это решение фактически ограничило действие раздела 2 Закона о правах голоса.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Americans for Prosperity Foundation v. Bonta (2021): В решении 6–3, написанном председателем Суда Робертсом, Суд отменил закон Калифорнии, требующий от некоммерческих организаций раскрывать имена своих крупных доноров штату, постановив, что это регулирование создает чрезмерное бремя для доноров и нарушает их права, гарантированные Первой поправкой.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
New York State Rifle & Pistol Association, Inc. v. Bruen (2022): В решении 6–3, вынесенном судьей Томасом, Суд отменил закон штата Нью-Йорк, требующий от заявителей на получение разрешения на скрытое ношение оружия продемонстрировать "обоснованную причину", постановив, что это регулирование лишает законопослушных граждан с обычными потребностями в самообороне возможности осуществлять свои права, гарантированные Второй поправкой.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Dobbs v. Jackson Women's Health Organization (2022): В решении 6–3 был поддержан закон штата Миссисипи, запрещающий большинство операций по прерыванию беременности после первых 15 недель беременности. В более узком решении 5–4, вынесенном судьей Алито, Суд также отменил Roe v. Wade и Planned Parenthood v. Casey, постановив, что Конституция не гарантирует право на аборт.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Kennedy v. Bremerton School District (2022): В решении 6–3, вынесенном судьей Горсачем, Суд постановил, что правительство, соблюдая положение о разделении церкви и государства, не может подавлять личное религиозное выражение человека, в данном случае тренера по футболу в государственной средней школе, поскольку это нарушило бы положения о свободе слова и свободе вероисповедания, гарантированные Первой поправкой. Суд отменил дело Lemon v. Kurtzman и, таким образом, отменил 51-летний прецедент, известный как "тест Лемона".
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Moore v. Harper (2023): В решении 6–3, вынесенном председателем Суда Робертсом, Суд постановил, что положение о выборах не дает законодательным органам штатов исключительную власть над выборами, отклонив теорию независимого законодательного органа штата.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): В решении, вынесенном председателем Суда Робертсом, Суд постановил, что позитивные меры нарушают положение о равной защите 14-й поправки, отменяя Grutter v. Bollinger. Решение было 6–3 в деле Северной Каролины и 6–2 в деле Гарварда из-за самоотвода судьи Джексон в последнем деле.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
303 Creative LLC v. Elenis (2023): В решении 6–3, написанном судьей Нилом Горсачем, Суд постановил, что предпринимателя нельзя принуждать к созданию произведения искусства, которое противоречит его ценностям и которое он не стал бы создавать для любого клиента, ограничивая права ЛГБТ в пользу свободы слова и религии.
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Trump v. Anderson (2024): В единогласном решении 9–0 Суд постановил, что штаты не могут определять право на занятие федеральных должностей, включая пост президента, в соответствии с разделом 3 Четырнадцатой поправки…
The Roberts Court has issued major rulings on incorporation of the Bill of Rights, gun control, affirmative action, campaign finance regulation, election law, abortion, capital punishment, LGBT rights, unlawful search and seizure, and criminal sentencing. Major decisions of the Roberts Court include:
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Citizens United v. Federal Election Commission (2010): In a 5–4 decision in which the majority opinion was delivered by Justice Kennedy, the Court held that the provisions of the Bipartisan Campaign Reform Act which regulated independent expenditures in political campaigns by corporations, unions, and non profits violated First Amendment freedom of speech rights. National Federation of Independent Business v. Sebelius (2012): In a 5–4 decision written by Chief Justice Roberts, the Court upheld most of the provisions of the Patient Protection and Affordable Care Act, including the individual mandate to buy health insurance. The mandate was upheld as part of Congress's power of taxation. In a subsequent case, King v. Burwell (2015), the Court upheld the Patient Protection and Affordable Care Act, this time in a 6–3 opinion written by Chief Justice Roberts. In a third related case, California v. Texas (2021), the Court held that neither states nor individuals had the standing to challenge the PPACA's individual mandate due to the penalty being reduced to $0 in the Tax Cuts and Jobs Act of 2017. The 7–2 ruling was written by Justice Breyer. Arizona v. United States (2012): In a 5–3 decision delivered by Justice Kennedy, the Court held that portions of Arizona SB 1070, an Arizona law regarding immigration, unconstitutionally usurped the federal authority to regulate immigration laws and enforcement. Shelby County v. Holder (2013): In a 5–4 decision delivered by Chief Justice Roberts, the Court held that section 4 of the Voting Rights Act of 1965 , which provided a coverage formula for section 5 of the Voting Rights Act , is unconstitutional. The latter section requires certain states and jurisdictions to obtain federal preclearance before changing voting laws or practices, in an effort to prevent those states and jurisdictions from discriminating against voters. Without a coverage formula, section 5 of the Voting Rights Act is no longer in effect. Burwell v. Hobby Lobby (2014): In a 5–4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act. Riley v. California (2014): In a 9–0 decision, the Court held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional. Obergefell v. Hodges (2015): In a 5–4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same sex couples to marry. Whole Woman's Health v. Hellerstedt (2016): In a 5–3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion. Trump v. Hawaii (2018): In a 5–4 decision written by Chief Justice Roberts, the Court overturned a preliminary injunction against the Trump travel ban, allowing it to go into effect. The Court also overturned the precedent Korematsu v United States (1944), which allowed President Franklin Delano Roosevelt to intern Japanese Americans during World War II. Carpenter v. United States (2018): In a 5–4 decision written by Chief Justice Roberts, the Court held that government acquisition of cell site records is a Fourth Amendment search, and, thus, generally requires a warrant. Janus v. AFSCME (2018): In a 5–4 decision, the Court ruled that public sector labor union fees from non union members violate the First Amendment right to free speech, overturning the 1977 decision in Abood v. Detroit Board of Education that had previously allowed such fees. Timbs v. Indiana (2019): In a 9–0 decision, the Court ruled that the "excessive fines" clause of the Eighth Amendment is incorporated against state and local governments, affecting the use of civil forfeitures. Rucho v. Common Cause (2019): In a 5–4 decision written by Chief Justice Roberts, the Court held that partisan gerrymandering claims present nonjusticiable political questions. Bostock v. Clayton County (2020): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that Title VII employment protections of the Civil Rights Act of 1964 do extend to cover gender identity and sexual orientation. Espinoza v. Montana Department of Revenue (2020): In a 5–4 decision written by Chief Justice Roberts, the Court held that a state based scholarship program that provides public funds to allow students to attend private schools cannot discriminate against religious schools under the Free Exercise Clause of the Constitution. Brnovich v. Democratic National Committee (2021): In a 6–3 decision written by Justice Alito, the Court held that two Arizona voting laws did not violate the 1965 Voting Rights Act nor had a racially discriminatory purpose. The ruling in effect limited Section 2 of the Voting Rights Act. Americans for Prosperity Foundation v. Bonta (2021): In a 6–3 decision written by Chief Justice Roberts, the Court struck down a California law requiring non profit organizations to disclose the identity of their large donors to the state, ruling that the regulation placed too much of a burden on donors and violated their First Amendment rights. New York State Rifle & Pistol Association, Inc. v. Bruen (2022): In a 6–3 decision delivered by Justice Thomas, the Court struck down a New York law requiring applicants for a concealed carry license to show "proper cause", ruling that the regulation prevented law abiding citizens with ordinary self defense needs from exercising their Second Amendment rights. Dobbs v. Jackson Women's Health Organization (2022): In a 6–3 decision, a Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy was upheld. In a more narrow 5–4 ruling, delivered by Justice Alito, the Court also overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not confer a right to abortion. Kennedy v. Bremerton School District (2022): In a 6–3 decision delivered by Justice Gorsuch, the Court ruled that the government, while following the Establishment Clause, may not suppress an individual, in this case a public high school football coach, from engaging in personal religious observance, as doing so would violate the Free Speech and Free Exercise Clauses of the First Amendment. The Court overruled Lemon v. Kurtzman and in doing so overturned the 51 year old precedent known as the "Lemon test". Moore v. Harper (2023): In a 6–3 decision delivered by Chief Justice Roberts, the Court held that the Elections Clause did not give state legislatures sole power over elections, rejecting the independent state legislature theory. Students for Fair Admissions v. Harvard & Students for Fair Admissions v. University of North Carolina (2023): In a decision delivered by Chief Justice Roberts, the Court ruled that affirmative action violated the Equal Protection Clause of the 14th Amendment, overturning Grutter v. Bollinger. The decision was 6–3 in the North Carolina case and 6–2 in the Harvard case due to Justice Jackson being recused in the latter. 303 Creative LLC v. Elenis (2023): In a 6–3 decision written by Justice Neil Gorsuch, the Court ruled that a businessperson cannot be compelled to create a work of art which goes against their values and which they would not produce for any client, limiting LGBT rights in favor of freedom of speech and religion. Trump v. Anderson (2024): in a unanimous 9–0 decision ruled that states could not determine eligibility for federal office, including the presidency, under Section 3 of the Fourteenth Amendment.
Философия правосудия
Суд Робертса был описан как консервативный и многими как "доминируемый амбициозным консервативным крылом". Алито, Томас, Кеннеди, Робертс и Скалия, как правило, придерживались более консервативных позиций, в то время как Гинзбург, Брейер, Сотомайор и Каган, как правило, придерживались более либеральных позиций. Саутер и Стивенс также входили в либеральный блок до их выхода на пенсию. Эти два блока судей неоднократно объединялись в нескольких важных делах, хотя судья Кеннеди иногда поддерживал либеральный блок. Робертс также выступал в качестве решающего голоса, часто выступая за узкие решения и компромисс между двумя блоками судей. Хотя суд иногда разделяется по партийному признаку, адвокат и основатель SCOTUSblog Том Голдштейн отметил, что больше дел решается со счетом 9–0 и что отдельные судьи придерживаются широкого спектра взглядов. Судебная философия Робертса в Верховном суде была оценена ведущими судебными комментаторами, включая Джеффри Розена и Марсию Койл. Несмотря на то, что Робертса идентифицируют как приверженца консервативной судебной философии, его голос в деле National Federation of Independent Business v. Sebelius (2012), поддержавший конституционность Закона о защите пациентов и доступном медицинском обслуживании (ACA), вызвал дискуссии в прессе относительно относительной степени его консерватизма по сравнению с другими судьями консервативной ориентации; его считают обладателем более умеренных консервативных взглядов, особенно если сравнивать его голос в поддержку ACA с голосом Рехнквиста в деле Bush v. Gore. Некоторые комментаторы также отметили, что Робертс использует свой голос в резонансных делах для достижения внешне нейтрального результата, который создает основу для более масштабных консервативных решений в будущем. Подкаст "Five Four" даже назвал этот маневр "Два шага Робертса". Что касается его современников на скамье судей, его судебная философия считается более умеренной и примирительной, чем у Антонина Скалии и Кларенса Томаса. После того, как Гинзбург была заменена Барретт, несколько комментаторов заявили, что Робертс больше не является ведущим судьей. Поскольку пять других консервативных судей могли перевесить остальных, он, предположительно, больше не мог направлять умеренно консервативный курс, уважая прецедент. Некоторые считают, что это мнение подтвердилось решением суда в 2022 году по делу Dobbs v. Jackson Women's Health Organization, которое отменило знаковые решения Roe v. Wade и Planned Parenthood v. Casey 1973 и 1992 годов соответственно. Консервативный блок иногда разделяется на крыло, более осторожное в отношении отмены прецедентов (Робертс, Кавано и Барретт), и крыло, более склонное к отмене прецедентов (Кларенс Томас, Сэмюэл Алито и Нил Горсуч). Робертс написал мнение большинства в деле West Virginia v. EPA, которое официально установило доктрину "важных вопросов" и ограничило способность EPA регулировать выбросы электростанций путем перехода на другие источники генерации в соответствии с Законом о чистом воздухе (США). Это решение вызвало возмущение критиков, которые утверждали, что Робертс и консервативный блок создали доктрину, чтобы затормозить климатические реформы.
The Roberts Court has been described as conservative and by many as "dominated by an ambitious conservative wing." Alito, Thomas, Kennedy, Roberts, and Scalia generally have taken more conservative positions, while Ginsburg, Breyer, Sotomayor, and Kagan have generally taken more liberal positions. Souter and Stevens had also been part of the liberal bloc prior to their respective retirements. These two blocs of voters have lined up together in several major cases, though Justice Kennedy occasionally sided with the liberal bloc. Roberts has also served as a swing vote, often advocating for narrow rulings and compromise among the two blocs of justices. Though the Court sometimes does divide along partisan lines, attorney and SCOTUSblog founder Tom Goldstein has noted that more cases are decided 9–0 and that the individual justices hold a wide array of views. The judicial philosophy of Roberts on the Supreme Court has been assessed by leading court commentators including Jeffrey Rosen and Marcia Coyle. Although Roberts is identified as having a conservative judicial philosophy, his vote in National Federation of Independent Business v. Sebelius (2012) upholding the constitutionality of the Patient Protection and Affordable Care Act (ACA) has caused reflection in the press concerning the comparative standing of his conservative judicial philosophy compared to other sitting justices of conservative orientation; he is seen as having a more moderate conservative orientation, particularly when his vote to uphold the ACA is compared to Rehnquist's vote in Bush v. Gore. Some commentators have also noted that Roberts uses his vote in high profile cases to achieve a facially neutral result that sets up for larger conservative rulings in the future. The Five Four Podcast went so far as to deem this maneuver the "Roberts Two Step." Regarding Roberts' contemporaneous peers on the bench, his judicial philosophy is seen as more moderate and conciliatory than that of Antonin Scalia and Clarence Thomas. After Ginsburg was replaced by Barrett, several commentators wrote that Roberts was no longer the leading justice. As the five other conservative justices could outvote the rest, he supposedly could no longer preside over a moderately conservative course while respecting precedent. Some said this view was confirmed by the court's 2022 ruling in Dobbs v. Jackson Women's Health Organization, which overturned the landmark rulings Roe v. Wade and Planned Parenthood v. Casey of 1973 and 1992, respectively. The conservative bloc is sometimes further split into a wing more hesitant to overrule precedent (Roberts, Kavanaugh, and Barrett), and a wing more willing to overrule precedent (Clarence Thomas, Samuel Alito, and Neil Gorsuch). Roberts wrote the majority opinion in West Virginia v. EPA which officially established the major questions doctrine and restricted the ability of the EPA to regulate power plant emissions using generation shifting under the Clean Air Act (United States). That opinion drew ire from critics who argued that Roberts and the conservative bloc manufactured a doctrine to thwart climate reforms.
Критика
С 2023 года критика Верховного суда со стороны демократов возросла, поскольку они все чаще стали считать его неправомочным. Правомочность Суда также подвергается сомнению как либеральными судьями, так и общественностью в целом.
Since 2023, criticism of the Court by Democrats has risen, who have increasingly viewed the Court as being illegitimate. The Court's legitimacy has also been questioned by its liberal bloc of justices, as well as the general public.
Демократический отход
В исследовательской работе за июль 2022 года под названием "Роль Верховного суда в деградации демократии США", Центр юридической поддержки избирательных кампаний, основанный республиканцем Тревором Поттером, заявил, что суд во главе с Робертсом "отвернулся от демократии" и ведет "антидемократический крестовый поход", который "ускорился и стал все более радикальным после назначения" трех судей Трампом.
In a July 2022 research paper entitled "The Supreme Court's Role in the Degradation of U. S. Democracy," the Campaign Legal Center, founded by Republican Trevor Potter, asserted that the Roberts Court "has turned on our democracy" and was on an "anti democratic crusade" that had "accelerated and become increasingly extreme with the arrival" of Trump's three appointees.
Общественное мнение
Суд Робертса считается самым непопулярным судом с тех пор, как Gallup начал отслеживать общественное одобрение Верховного суда в 1973 году. Опрос, проведенный NPR/PBS NewsHour/Marist, показал, что обвинения в адрес Кларенса Томаса в неоднократном нарушении кодекса поведения суда еще больше подорвали доверие к нему, при этом общественное доверие снизилось с 59% в 2018 году до 37% в 2023 году. Опрос юридической школы Маркетт 2024 года показал, что уровень одобрения суда составляет 40%.
The Roberts Court is considered to be the most unpopular Court since Gallup started tracking public approval of the Supreme Court in 1973. An NPR/PBS NewsHour/Marist poll indicated that allegations of Clarence Thomas having broken the Court's code of conduct repeatedly eroded trust in the Court further, with public confidence dropping from 59% in 2018 to 37% in 2023. A 2024 survey by Marquette Law School found the court to have a 40% approval rating.