As an American, freedom is a concept instilled in our values. Yet, in the judicial system, it is a constant battle to uphold this value. Thankfully, this past term, the Supreme Court did just that by stopping “big government” from punishing a family for building a home on their land, stopping universities from accepting students based on their race, and by stopping state governments from forcing business owners to accept business against their will.
A Ditch is Not a Federal Water
In its first big win for the Constitution, the Supreme Court finally gave a family some peace of mind in Sackett v. Environmental Protection Agency (EPA). Through the Clean Water Act, a federal agency can punish anyone who “pollutes” the “waters of the United States.” This ambiguous act allowed the government to control a family’s growth by suspending the construction of their house through excessive fines, averaging around $40,000 a day. By backfilling their lot, the EPA claims the Sacketts are contaminating a local lake because a ditch in their yard connects to the lake through a creek. Just like the connection between the ditch and the lake is difficult to find, the EPA’s sanctions on the Sacketts are unjustified. The Supreme Court defended citizens by stopping the federal agency from attempting to control things that were not in their reach. Now, “waters of the United States” is defined as adjacent wetlands that obviously connect to bodies of water. So, your backyard ditch is not a federal wetland.
Race Can’t Be Used in Admissions
While the decision above seemed like the obvious answer, it was not the only shocking question before the Supreme Court. In Students for Fair Admissions v. Harvard, combined with Students for Fair Admissions v. University of North Carolina, the Supreme Court upheld our right for equal protection and banned racially discriminatory programs in the university admission process. It is hard to believe that any university would accept a lower qualified applicant over someone with higher testing scores and a better resume, simply because of their race. Yet, this has been an ongoing battle in the Supreme Court since 1978. Finally, after years of advocating for the true application of the Equal Protection Clause, the Supreme Court reached a tipping point, putting its foot down on the firm stance that race will not be factor in what students will be admitted into a university.
Government Cannot Compel Speech
Last, but not least, the justices took a bold step in the right direction in defending the First Amendment and putting an end to government-compelled speech. In the case of 303 Creative LLC v. Elenis, business owner Lorie Smith followed her dreams and started a graphic design company, whose services included creating wedding websites that symbolize the love that will be in the customer’s marriage. To Lorie, marriage is only defined by God’s image of marriage which does not include same-sex couples. However, despite her beliefs, Colorado attempted to force Smith to create websites for same-sex couple through the Colorado’s Anti-Discrimination Act. Luckily, the Supreme Court stood for the First Amendment, and stopped the state from forcing Lorie to express a message for customers she did not want to do business with.
The impact of the 303 Creative decision was evident in another similar case, Klein v. Oregon Bureau of Labor and Industries, in which the Kleins, who own a cake shop, refused to create a cake symbolizing a customer’s gender transition. Oregon sought to compel the Kleins to make the cake, but after the Supreme Court’s ruling in 303 Creative, the decision was reversed, and the case was sent back to a lower court. Lorie’s victory will thus have a positive influence on protecting business owners’ rights and free speech freedoms, setting a precedent for similar cases.
Looking to the Future
With such a successful term, I am optimistic that precedents set by the Supreme Court will positively impact America through future cases, starting with Klein. All four cases come down to the nexus of freedom. The freedom from the government regulating activity on your land when it is an overreach of authority. The freedom to have a fair opportunity to attend the university of your dreams. And the freedom to express messages that you choose. Through these decisions, America, the Land of the Free, will continue to reign supreme.