It’s a fresh start for the United States Supreme Court as it kicks off a new term this Monday, with a range of significant cases on the docket. Over the next couple of months, several hearings are planned, alongside a number of cases awaiting scheduling. The 6-3 conservative majority is set to deliberate on 39 contentious issues, excluding any potential emergency cases that may arise.
Key Cases to Watch:
Trump’s Tariffs
On November 5th, the Court will evaluate President Trump’s extensive tariffs. Specifically, in the case Learning Resources v. Playing Cards, the justices will consider whether the international emergency economic powers allow the president to impose tariffs. They will review a lower court’s ruling that stated Trump lacked the authority to enact many of his global tariffs under the Emergency Powers Act.
Firing of Commissioner Rebecca Massacre
The Court has also taken up the case involving President Trump’s dismissal of Federal Trade Commission (FTC) Commissioner Rebecca Massacre. A ruling previously blocked by Chief Justice John Roberts has put Massacre’s reinstatement on hold while the legal process unfolds. In Trump v. Massacre, the justices will explore whether the president can remove an FTC commissioner without cause. This case might have wider implications, especially regarding Trump’s removal of Federal Reserve Governor Lisa Cook, which raised similar questions about the president’s authority over independent regulatory bodies.
Additionally, the Court will examine the circumstances surrounding Cook’s firing, which Trump attempted in August, just before a lower court prevented it. The case Trump v. Cook will investigate the conditions under which a president can replace a Fed governor before their 14-year term concludes. The law stipulates removal only “for cause,” but does not clarify what that constitutes. The district court contended that Trump did not provide sufficient due process in his attempts to fire Cook.
Election Issues
Three election law cases are on the agenda for this term. Firstly, the justices will consider Bost v. Illinois State Board of Elections, a suit brought by Rep. Mike Bost (R-IL) over a state law allowing ballots to be counted up to 14 days after Election Day. The Supreme Court is tasked with determining whether Bost has the standing to sue after a lower court ruled against him.
On October 15th, in the case Louisiana v. Calais, the Court will revisit the issue of race-based Congressional districts. Previously heard in June, this new round will focus on the constitutionality of such districts under Section 2 of the Voting Rights Act.
Lastly, National Republican Senatorial Committee v. Federal Election Commission will address the GOP’s attempts to lift limits on political party spending in conjunction with various campaigns. The courts must consider whether such limits infringe upon the First Amendment rights.
Transgender Athletes and Conversion Therapy
Two pivotal cases related to transgender men competing in women’s sports will also be heard. In Little v. Hecox, the focus is on an Idaho law designed to protect women’s sports. Lower courts blocked the law, and the Supreme Court will determine if it violates the Equal Protection Clause of the 14th Amendment. Alongside this, West Virginia v. PBJ involves a lawsuit from parents of transgender-identifying students against a law barring males from female sports, pending a lower court ruling.
The high court will also hear a case concerning Colorado’s prohibition of “conversion therapy.” In Chile v. Salazar, a licensed counselor argues that the law restricts her ability to engage in discussions with clients seeking advice based on their personal beliefs. The lower court upheld the ban, indicating that it regulated her conduct rather than her speech, and the Supreme Court must determine if this violates free speech rights.
Abortion
The Court has agreed to review First Choice Women’s Resource Centers v. Platkin, which centers on an investigation of pro-life pregnancy centers following the overturning of New Jersey’s Roe v. Wade law. The focus will be on whether the centers can challenge the state’s investigative actions in federal court.
Freedom of Religion
Arguments will unfold on November 10th in Landor v. Louisiana Department of Corrections and Public Safety, which questions whether private officials can be sued for violations against the Religious Land Use and Institutionalized Persons Act. Additionally, Olivier v. City of Brandon will debate the validity of a protest ordinance that a Christian evangelist was convicted of breaching.
The Second Amendment and the Death Penalty
The Court will hear a challenge regarding a Hawaiian law that restricts concealed carry gun holders on private property without the owner’s consent. In Wolford v. Lopez, the justices must decide if previous courts were correct in supporting this law.
Also, the Court will address death penalty cases that seek to clarify the rules about sentencing individuals with intellectual disabilities. This follows their 2002 ruling in Atkins v. Virginia that declared such sentences unconstitutional under the Eighth Amendment. The case Hamm v. Smith raises questions about how states can necessitate proof of an IQ below 70 for such claims, and how multiple IQ scores will be evaluated under existing precedents.
