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2022 in American law

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2022 in American law
Year2022

2022 in American law was a landmark year defined by seismic shifts in constitutional interpretation from the Supreme Court of the United States, particularly regarding abortion rights and gun rights. Significant federal legislation was enacted addressing climate change, semiconductor manufacturing, and gun safety. The year also featured major legal battles over executive authority, voting rights, and LGBT rights in both federal and state arenas.

Federal legislation

The 117th United States Congress passed several major bills into law. The Inflation Reduction Act of 2022, signed by President Joe Biden in August, represented the largest federal investment in climate change mitigation and clean energy, while also allowing Medicare to negotiate some prescription drug prices. The CHIPS and Science Act, also signed in August, provided substantial subsidies and tax credits to bolster domestic semiconductor research and manufacturing. In response to mass shootings in Buffalo and Uvalde, a bipartisan coalition passed the Bipartisan Safer Communities Act, which expanded background checks for firearm purchasers under 21 and provided funding for red flag laws. Other notable enactments included the Respect for Marriage Act, which repealed the Defense of Marriage Act and required federal recognition of same-sex marriages, and the Electoral Count Reform and Presidential Transition Improvement Act, which clarified Congress's role in certifying presidential elections.

Supreme Court cases

The Roberts Court, with its 6-3 conservative majority, issued several historic rulings. In Dobbs v. Jackson Women's Health Organization, the Court overturned Roe v. Wade and Planned Parenthood v. Casey, eliminating the federal constitutional right to abortion and returning the issue to the states. New York State Rifle & Pistol Association, Inc. v. Bruen struck down New York's restrictive handgun licensing scheme, establishing a new historical tradition test for evaluating Second Amendment challenges. In West Virginia v. Environmental Protection Agency, the Court limited the Environmental Protection Agency's authority to regulate greenhouse gas emissions from power plants under the Clean Air Act, invoking the major questions doctrine. Other significant decisions included Kennedy v. Bremerton School District, which favored a high school football coach's right to pray on the field, and Carson v. Makin, which required Maine to include religious schools in its tuition assistance program.

State legislation

In the wake of Dobbs, numerous states enacted trigger laws or new restrictions on abortion. States like Texas, Oklahoma, and Tennessee implemented near-total bans, while California, Illinois, and New York passed laws strengthening abortion access and protecting providers. Several states, including Florida and Georgia, passed laws limiting discussions of gender identity and sexual orientation in public schools, often called "Don't Say Gay" bills. In the realm of voting rights, states such as Arizona and Wisconsin enacted stricter voter ID laws, while Michigan and Nevada adopted measures to expand early voting and mail-in voting. Washington and Massachusetts passed strong net neutrality laws, and Colorado adopted a groundbreaking right to repair law for agricultural equipment.

Executive orders and actions

President Joe Biden signed executive orders on a range of issues. He issued an order directing the Department of Health and Human Services to protect access to medication abortion and emergency contraception following the Dobbs decision. Another order aimed to implement key provisions of the Bipartisan Safer Communities Act and encouraged states to adopt red flag laws. The Biden administration also took action on student loans, announcing a broad debt cancellation plan that was later challenged in court, and reinstated environmental regulations on methane emissions and protections for the Tongass National Forest. The Department of Justice under Attorney General Merrick Garland established a January 6 committee task force to prosecute individuals involved in the attack on the United States Capitol.

The most significant confirmation of the year was that of Justice Ketanji Brown Jackson, who was sworn in in June following her nomination by President Biden and confirmation by the United States Senate. She became the first African-American woman to serve on the Supreme Court, replacing retiring Justice Stephen Breyer. The Senate Judiciary Committee, chaired by Senator Dick Durbin, also confirmed numerous judges to the United States courts of appeals, continuing to shape the federal judiciary. Key confirmations included Nancy Abudu to the Eleventh Circuit and Arianna Freeman to the Third Circuit.

Notable lower court cases

Lower federal courts issued influential rulings on contentious issues. The Fifth Circuit Court of Appeals upheld a controversial Texas law (S.B. 8) that banned abortion after approximately six weeks and empowered private citizens to enforce it, a mechanism later addressed by the Supreme Court. In Biden v. Texas, the Supreme Court ultimately ruled that the Biden administration could end the Remain in Mexico policy, but litigation continued in lower courts. The Northern District of California blocked California's assault weapon ban under the new standard from Bruen, a decision later stayed by the Ninth Circuit. The District Court for D.C. oversaw numerous cases related to the January 6 attack, including the criminal trial of leaders of the Oath Keepers and Proud Boys. Category:2022 in American law Law 2022