Affirmative Action, Child Custody, and “Expressive” Websites: The Supreme Court’s 2022-2023 Term

The Supreme Court’s 2022-2023 Term included several cases that will interest mental health professionals. One demonstration of this interest was that the American Psychological Association filed amicus curiae briefs in three cases. In those cases, the Court struck down racial preferences in college admissions, upheld child custody provisions of the Indian Child Welfare Act, and permitted a creative web designer to refuse to create a website that amounted to “compelled speech.” The Court also struck down a “loan forgiveness” plan, clarified the False Claims Act’s relevance to false billing for psychological testing, and decided several disability cases.

The article reviews these and other significant decisions and notes that “the shadow docket” continues to be a controversial but important way for the Court to oversee the work of lower courts. An analysis of the Term concludes that the Court was less divided this Term than last. The Court struggles with ethics and the appearance of ethical problems. It has accepted cases for the next Term involving the insanity defense, taxing “unrealized” income, funding for the Consumer Finance Protection Bureau, and social media.