Topline
Monday will see the start of the new term at U.S. Supreme Court. The hearings include high-profile cases on abortion, guns, and religious liberty. This could have potentially far-reaching consequences.
Getty Images: The U.S. Supreme Court Building in Washington, D.C.
The Key Facts
Abortion: On December 1, the court will hear a challenge against Mississippi's 15-week abortion ban. This case will examine more broadly whether abortions prior to the fetus are viable and can result in the court severely weakening or overturning Roe V. Wade. Gun Rights: The court will hear a challenge against New York's restrictions on concealed carry permits. Gun owners are prohibited from getting permits unless the owner has a valid reason to carry a gun. The court will consider whether denying concealed carry permits to people who request them for self-defense is a violation of the Second Amendment. This could have wider implications on how gun laws are regulated in the states. Boston Marathon Bomber: The court will hear Dzhokhar Trarnaev's case. He was sentenced to death in 2013 for his involvement in the Boston Marathon bombing. An appeals court overturned the sentence last year. Religious Liberty: A case will be heard by the court on December 8. It will examine whether Maine can exempt religious schools from its state-funded tuition program for private schools. This could also apply to restrictions in other states regarding how state funding can go to non-secular schools. The court will also hear a challenge to Senator Ted Cruz's campaign finance law. This case concerns whether a private religious group should be allowed to fly its flag on a city pole. Two cases are centered around whether detained immigrants should be entitled to an immigration hearing if they have spent more than six months detained.
What to Watch
A number of major cases have been requested by the court to be heard, including a challenge against Harvard University's affirmative-action policy and a request to repeal Texas' controversial near-total abortion ban. This was after the court had already confirmed the law in a previous decision. The Supreme Court hears oral arguments in major cases. However, it also issues rulings through its shadow Docket. This allows the court to make a decision faster without having to hear arguments or go through the usual months-long process. Recently, this court used its shadow docket to issue the Supreme Court's first Texas abortion decision. It also made major rulings on major issues such as the eviction moratorium, immigration policies, and vaccine mandates. The court will not issue decisions in cases that are included in the Supreme Court's oral argument schedule. Although rulings are usually issued months after the case is heard and all decisions will be made by the end of the court term in June, they will still be available for public inspection.
What we don't know
It is unclear if this term will be the same time that liberal-leaning Justice Stephen Breyer announces he is retiring, as many Democrats demand to ensure that President Joe Biden can appoint his successor in the Senate. Some Democrats have also tried to force court reforms, such as adding justices and imposing term limits in order to combat the conservative bias of the courts. Biden has set up a commission to investigate.
Important Background
As the term of the Supreme Court is about to begin, the conservative-leaning court has been under severe criticism in recent weeks, especially after allowing Texas' abortion law to continue in effect. The 5-4 decision said it was too early to hear a challenge, but didn't consider the constitutionality. Recent polls show that the court's approval rating has dropped. The 40% approval rating of the court in a Gallup poll was the lowest since 2000, when the pollster began tracking the question. In recent weeks, four of the court justicesBreyer (Amy Coney Barrett), Clarence Thomas, and Samuel Alitohave made remarks criticizing the court and decrying any suggestion that the court is subjected to political bias. Their decisions are increasingly being criticized. Breyer stated that when a judge wears that robe, it is not because he is a junior-league politician. However, he also acknowledged that the court's connections to politics make that difficult message to convey.
Surprising Fact
Monday will mark the first time that the court has heard arguments in real life since the Covid-19 pandemic started. The court temporarily switched from hearing cases remotely to avoid this. Justice Brett Kavanaugh will be appearing remotely this week for oral arguments, even though he was positive for Covid-19 on Thursday night. He is currently vaccinated, and the court reports that he is not symptomatic.
Continue reading
Supreme Court to Hear Abortion Case December 1, That Could Overturn Roe V. Wade
Supreme Court To Hear Second Amendment Gun Rights Case
Supreme Court sets a date for the Boston Marathon Bomber Case. Here's why his death penalty verdict was overturned (Forbes).
Supreme Courts Approval Rate Plunges Amid Abortion Debate, Poll Finds (Forbes)
