In the wake of the dumpster fire that was Justice Brett Kavanaugh’s confirmation hearings, there was speculation in legal circles that the U.S. Supreme Court would lay low: It would avoid taking on controversial cases or overturning long-standing precedent.
But the Court’s action earlier this month suggests that patience, restraint, and avoiding hot-button issues are not going to be its new watchwords. On November 2, on the eve of the first Shabbat since the anti-Semitic massacre in Pittsburgh, the Supreme Court agreed to hear an appeal to a decision striking down a 40-foot cross World War I memorial in Bladensburg, Maryland. The American Humanist Association (AHA) challenged the cross’ presence on government land, and the Fourth Circuit had ordered its removal.