9 upcoming Supreme Court cases where Amy Coney Barrett could be the deciding vote

Amy Coney Barrett’s elevation to the Supreme Court means that the more conservative justices can out-vote its occasional swing justice.

President Donald Trump and Amy Coney Barrett stand on the Blue Room Balcony after her confirmation vote passed in the Senate. Photo: Patrick Semansky/AP

By Jacob Shamsian

Justice Amy Coney Barrett’s elevation to the Supreme Court on Monday brings its perceived conservative majority up to 6–3.

It’s a rightward lurch for the judicial branch. When Justice Ruth Bader Ginsburg was on the bench, Republican appointees had a 5–4 majority, meaning the four justices thought of as liberal had to persuade just one of the conservatives over to their side for rulings.

Since Justice Brett Kavanaugh replaced perennial swing Justice Anthony Kennedy on the bench in 2018, Chief Justice John Roberts has occasionally played the role of swing voter, going against the other conservative justices on some issues while joining them on most others.

But now, if Barrett largely sides with the conservative bloc as expected, Roberts’ swing vote is effectively nullified. The other conservative justices — Kavanaugh, Neil Gorsuch, Samuel Alito, and Clarence Thomas — could have a 5–4 majority without him.

Here are the most consequential forthcoming Supreme Court cases and issues where Amy Coney Barrett could be the deciding vote.