Topline
The Supreme Court’s new term kicks off on Monday, with justices already slated to hear major cases on such topics as transgender rights and guns—and other huge cases could still be added, including on the 2024 election and former President Donald Trump’s criminal cases.
The outside the U.S. Supreme Court on October 7 in Washington, DC.
Key Facts
Ghost Guns: Justices will hear a case Tuesday on the legality of “ghost guns”—firearms that are typically assembled at home and don’t have a serial number allowing it to be traced—as gun owners and manufacturers challenge a 2022 rule meant 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 the medical treatments as GOP-led states have taken aim at transgender rights.
Environmental Impacts: Justices will hear a case on when federal agencies can conduct environmental impact studies—which could affect projects that would have an adverse impact on climate change—with groups on the left also raising concerns that Justice Neil Gorsuch is set to hear the case despite ties to 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 made by e-cigarette companies, after the federal government refused to approve flavored e-liquids because of their appeal to children and teens.
Mexican Drug Cartels: The court took up a case brought by the Mexican government against U.S. gun companies, which seeks to hold them liable for the impact their products have had regarding Mexican drug cartels.
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What To Watch For
The Supreme Court’s term begins on Monday and will run through the end of June. It’s unclear when rulings in the court’s major cases will come out. Decisions are usually released a few months after the court hears oral arguments, meaning rulings will come out quicker for cases heard earlier in the term, though the biggest decisions of the court’s term are often released in June.
What Other Cases Could The Court Hear?
The Supreme Court is likely to add a number of other major cases to its docket this term. The court has already been asked to hear such cases 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 taking those up. A number of gun-specific challenges have also been filed with the court, including cases regarding Maryland’s assault weapons ban, the ban on people convicted of felonies possessing guns, whether states can ban 18-to-20-year olds from purchasing guns and whether people under felony indictment can buy guns. Lawsuits taking issue with the Biden administration’s new efforts on student loan forgiveness are also winding through the courts, and while the Supreme Court already upheld a block on a student debt relief effort in August, it could be asked again to consider the issue more fully. The Supreme Court punted last term on abortion when it ruled challengers trying to restrict abortion drug mifepristone didn’t have standing to bring the case and dismissed a challenge against Idaho’s abortion ban, but both cases are still moving forward in lower courts as plaintiffs try to make the cases work, and could return to the high court.
What About Donald Trump?
After ruling last term that Trump and other ex-presidents have some immunity from criminal prosecution—ruling he can’t be charged for anything he did that was an “official act” as president, but can be prosecuted for actions outside his official duties—justices could be asked this term to weigh in on the issue for a second time. The Supreme Court directed Trump’s criminal case for trying to overturn the 2020 election to go back to the lower court, and U.S. District Judge Tanya Chutkan now has to decide which charges against Trump comply with the Supreme Court’s ruling and can proceed to trial. Trump is all but certain to appeal whatever Chutkan decides, however, and it could be up to the Supreme Court to make the final determination on the issue. Special Counsel Jack Smith is also now trying to revive the federal case against Trump for allegedly mishandling White House documents, after Trump-appointed U.S. District Judge Aileen Cannon threw it out because she found Smith had been unlawfully appointed. That appeal could also go to the Supreme Court to determine whether Smith and other special counsels have the appropriate authority.
How Could The Court Affect The 2024 Election?
The Supreme Court is also likely to 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 should Trump lose the election. There are also lawsuits challenging various voting rules that could still make their way to the Supreme Court before Election Day or become a factor while ballots are being counted, most notably regarding whether ballots must be received by Election Day.
Key Background
The Supreme Court’s term kicks off as Americans have become increasingly dissatisfied with the 6-3 conservative bench, amid a series of ethics scandals and controversial rulings. The court ended its last term with a slew of major rulings, including the Trump immunity case, striking down a ban on bump stocks for guns, killing Purdue Pharma’s bankruptcy settlement, allowing a ban on “public camping” that targets the homeless, limiting charges for Jan. 6 rioters and overturning a longstanding precedent that gave broad power to federal agencies. Justices have also refused to enact a binding ethics code amid a series of controversies involving potential conflicts of interests, particularly by Justices Clarence Thomas and Samuel Alito. A Gallup poll conducted in September found 51% of Americans now disapprove of the Supreme Court as its new term begins, versus 44% who approve of the job justices are doing. Results broke heavily along party lines, with 83% of Democrats disapproving of the high court versus only 19% of Republicans.
