Biggest Supreme Court cases to watch as the new term begins today

Topline

The Supreme Court’s new term begins Monday, with justices already set to hear major cases on topics like transgender rights and guns — and other major cases could be added, including on the 2024 election and former President Donald’s criminal cases Trump.

Key facts

Ghost guns: The justices will hear a case Tuesday on the legality of “ghost guns” — firearms that are typically assembled at home and do not have a serial number that allows them to be traced — as gun owners and manufacturers challenge a 2022 rule intended to crack down on the devices.

Transgender rights: The court will decide the legality of Tennessee’s ban on gender-affirming care for minors, one of a number of state laws targeting medical treatments as GOP-led states have focused on transgender rights.

Environmental effects: Judges will hear a case about when federal agencies can conduct environmental impact studies — which could affect projects that would negatively impact climate change — with groups on the left also raising concerns that Judge Neil Gorsuch will hear the case despite ties with billionaire Philip Anschutz, whose company would benefit from a ruling in favor of reduced studies.

Vaping: The court will consider federal restrictions on flavored vapes from e-cigarette companies after the federal government declined to approve flavored e-liquids because of their appeal to children and teens.

Mexican drug cartels: The court was hearing a case brought by the Mexican government against US arms companies, which seeks to hold them liable for the impact their products have had on Mexican drug cartels.

Get Forbes Breaking News Text Alerts: We’re launching text alerts so you’re always up to date with the top stories shaping the day’s headlines. Text ‘Alerts’ to (201) 335-0739 or sign up here.

What to pay attention to

The Supreme Court’s term begins Monday and runs until the end of June. It is unclear when rulings in the court’s most important cases will take place. Decisions are usually released a few months after the court hears oral arguments, meaning rulings will come out more quickly for cases heard earlier in the term, although the biggest decisions of the term are often released in June.

What other cases can the Court hear?

The Supreme Court is likely to add a number of other important cases to its docket this term. The court has already been asked to hear cases such as a lawsuit seeking damages for oil companies’ impacts on climate change and a challenge to a school’s race-neutral admissions practices, but has not yet ruled on how to handle them. A number of gun-specific challenges have also been filed in court, including cases involving Maryland’s assault weapons ban, the ban on people convicted of gun possession crimes, whether states can ban 18- to 20-year-olds prohibit the purchase of weapons and whether people suspected of a crime can purchase weapons. Lawsuits questioning the Biden administration’s new efforts at student loan forgiveness are also making their way through the courts, and while the Supreme Court already upheld a block on student debt relief in August, it could again may be asked to consider the matter in more detail. The Supreme Court made a point about abortion last term when it ruled that challengers seeking to restrict abortion drug mifepristone had no standing to bring the case and rejected an appeal of Idaho’s abortion ban, but both cases are still moving forward in lower courts as plaintiffs try to ensure that the cases succeed and can return to the Supreme Court.

What about Donald Trump?

After ruling last term that Trump and other ex-presidents have some immunity from criminal prosecution — ruling that he cannot be charged for anything he did that was an “official act” as president, but can be prosecuted for actions outside his official duties – Judges could be asked to consider the issue for a second time this term. The Supreme Court has sent Trump’s criminal case over his attempt to overturn the 2020 election back to the lower court, and U.S. District Judge Tanya Chutkan must now decide which charges against Trump comply with the Supreme Court’s ruling and can proceed to a lawsuit. However, Trump will almost certainly appeal whatever Chutkan decides, and it could be up to the Supreme Court to make the final decision on the matter. Special counsel Jack Smith is also now trying to revive the federal case against Trump for alleged mishandling of White House documents, after Trump-appointed U.S. District Judge Aileen Cannon dismissed it after finding Smith was improperly appointed. That appeal could also go to the Supreme Court to determine whether Smith and other special counsel have the proper authority.

How can the Court influence the 2024 elections?

The Supreme Court will also likely play a role in the November election, as it did in 2020. Justices were repeatedly asked to weigh in on cases challenging the election results in that election, which could happen again this year if Trump were to win the election to lose. There are also ongoing lawsuits challenging various voting rules that could end up in the Supreme Court before Election Day or become a factor during the counting of ballots, particularly over whether ballots must be received by Election Day.

Important background

The Supreme Court’s term begins as Americans have grown increasingly dissatisfied with the conservative 6-3 bench amid a series of ethics scandals and controversial rulings. The court ended its last term with a slew of major rulings, including Trump’s immunity case, striking down a ban on bump stocks for guns, ending Purdue Pharma’s bankruptcy settlement, allowing a ban on “public camping ” that targets the homeless, limiting costs to the Jan. 6 rioters and overturning a longstanding precedent that gave broad power to federal agencies. Judges have also declined to issue a binding ethics code amid a series of controversies over potential conflicts of interest, most notably by Justices Clarence Thomas and Samuel Alito. A Gallup poll taken in September found that 51% of Americans now disapprove of the Supreme Court as its new term begins, compared to 44% who approve of the justices’ work. The results broke heavily along party lines, with 83% of Democrats disapproving of the Supreme Court, compared to just 19% of Republicans.

Read more

ForbesThe Supreme Court will take up the FDA’s strict vaping restrictions
ForbesSupreme Court will rule on gender-affirming care for minors
ForbesEthical controversies at the Supreme Court: All the scandals that led Biden to endorse the code of conduct
ForbesTrump, Koch and the other billionaires influencing this term’s Supreme Court cases

You May Also Like

More From Author