Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Here are some of the biggest Supreme Court cases to watch this term

Justices will hear questions involving Donald Trump’s eligibility for office, abortion rights, gun ownership, the First Amendment and other major cases

Ariana Baio
Tuesday 17 October 2023 21:58 BST
Comments
Supreme Court ruling: What is affirmative action?

The Supreme Court is back in session.

In the 2023-2024 term, Supreme Court justices will hear cases involving the Second Amendment, abortion rights, racial gerrymandering, free speech online, union battles and Donald Trump’s eligibility for office.

Now more than ever, US voters are keeping a close eye on the highest court in the land after two contentious years produced a series of negatively viewed decisions.

Going into the new term, US voters can expect rulings to align more conservatively just as they have the last two years because the court’s majority leans that way.

These are the cases to watch.

Eligibility for the Presidency: Donald Trump v Norma Anderson et al

Justices will consider Mr Trump’s appeal of a Colorado court decision that found him constitutionally ineligible for the presidency for his actions surrounding the attack on the US Capitol on January 6.

The state invoked Section Three of the 14th Amendment which prohibits anyone who has sworn an oath to uphold the Constitution and “engaged in insurrection or rebellion” from holding public office.

Should the court find Mr Trump ineligible, he would not be able to run for president – despite being the Republican frontrunner.

Donald Trump (AP)

Racial gerrymandering: Alexander v South Carolina State Conference of the NAACP

Justices are being asked to uphold or reverse a lower court found that South Carolina’s First Congressional District violated the Constitution because it discriminated against Black voters by moving tens of thousands of the Black voting population into other districts.

The Supreme Court’s ruling will either expand voting rights or limit them.

Demonstrators attend a rally outside of the US Supreme Court on 11 October. (Getty Images for Rooted Logistic)

Abortion rights: FDA v Alliance for Hippocratic Medicine and Danco Laboratories v Alliance for Hippocratic Medicine

In its first abortion case since overturning Roe v Wade last year, the court will examine a lower court ruling that severely restricts access to the commonly used abortion drug mifepristone.

A group of physicians represented by Alliance Defending Freedom is asking the court to overturn the government’s approval of the drug. Mifepristone, which has been approved by the US Food and Drug Administration since 2000, is used in the medication that accounts for more than half of abortions in the US.

Should the court uphold a lower court’s ruling, access to reproductive healthcare would once again be severely limited across the US by the nation’s highest court.

Mifepristone is approved for use for medication abortion, the most common form of abortion care in the US. (REUTERS)

Second Amendment: United States v Rahimi

This case questions whether individuals with domestic violence restraining orders against them can possess a firearm under the Second Amendment.

A ruling in favour of Rahimi could allow people with a history of domestic violence to legally obtain a firearm, which could have profound impacts on the ways courts and law enforcement protect abuse survivors and combat the gun violence epidemic.

Activists hold up signs outside US Supreme Court during a gun-control rally on 7 November 2023 in Washington, DC. (Getty Images)

Labour rights: Starbucks v Kathleen McKinney

A high-profile union battle at the world’s largest coffee retailer will head to the nation’s highest court, where justices will review a lower court decision that found Starbucks illegally chilled a union campaign in Memphis, TN after firing seven workers in 2022.

A federal labour agency determined they were fired for supporting a union.

The justices will review the process for court injunctions that can keep workers employed during litigation involving unfair labour practices.

Members and supporters of Starbucks Workers United protest outside of a Starbucks store in Dupont Circle on 16 November 2023 in Washington, DC. (Getty Images)

Regulatory: Consumer Financial Protection Bureau v Community Financial Services Association of America

This case is asking justices to determine if the way the Consumer Financial Protection Bureau (CFPB) is currently funded is a violation of the Appropriations Clause of the Constitution which says money cannot be drawn from the Treasury without congressional approval.

A ruling against the CFPB could have massive implications for the watchdog agency’s ability to regulate and enforce financial statutes.

(AP)

Administrative: Loper Bright Enterprises v Raimondo

The Court will decide if it should reverse the Chevron deference – a doctrine that arose from the landmark case Chevron USA v Natural Resources Defense Council – which requires courts to defer to the expert agency when understanding and enforcing ambiguous statutes.

A decision that reverses the Chevron deference would upend how health care, energy, pollution and more are regulated by giving courts the power to interpret and implement statutes.

Herring are unloaded from a fishing boat in Rockland, Maine, 8 July 2015 (AP)

Administrative: Securities and Exchange Commission v Jarkesy

Justices are being asked to determine if defendants in fraud proceedings brought by the Securities and Exchange Commission (SEC) are entitled to a jury rather than litigated under the agency’s in-house court – commonly referred to as an administrative law judge (ALJ).

More than 30 administrative agencies use ALJs. A decision limiting their ability to bring penalties forward without a jury would cause major disruptions.

security guard stands outside of the Security and Exchange Commission offices August 14, 2002 (Getty Images)

Homelessness: Grants Pass, Oregon v Gloria Johnson et al

Justices will decide whether local governments can legally ban people experiencing homelessness from camping on public property which opponents argue violates constitutional protections against “cruel and unusual punishment”.

A homeless man pulls a cart with his belongings on 25 November 2019 in San Francisco, California (Getty Images)

First Amendment: Moody v NetChoice LLC and NetChoice LLC v Paxton

The court is being asked to determine if laws in Florida and Texas that prohibit social media platforms from removing speech are a violation of the First Amendment.

A decision that upholds the respective laws could allow states to regulate content moderation on social media. It could prove particularly dicey when it comes to freedom of the press online.

Donald Trump is banned from Twitter (EPA-EFE)

First Amendment: Murthy v Missouri

The court will decide if the Biden administration violated the First Amendment when it asked social media companies to monitor speech online by taking down posts that circulate Covid-19 misinformation.

Oral arguments have not been scheduled yet.

People participate in a rally and march against COVID-19 mandates on 13 September 2021 in New York City. President Joe Biden has supported and ordered mandates for federal workers (Getty Images)

First Amendment: Lindke v Freed and O’Connor-Ratcliff v Garnier

In these consolidated cases, the court is being asked to specify if the content a public official posts on social media to communicate job-related matters is considered state action and if blocking people violates the First Amendment.

The ruling in this case will set general rules as to how public officials may use social media when communicating about their jobs.

Oral arguments occurred on 31 October.

First Amendment: National Rifle Association v Vullo

The case is asking if a government official can threaten regulated entities if they conduct business with a subjectively controversial speaker.

The National Rifle Association (NRA) is arguing that the former superintendent of the NY Department of Financial Services (DFS), threatened insurers who conducted business with the NRA in a “guidance” note sent in 2018.

A ruling in the case also has implications for the Second Amendment – specifically by upending a law in New York that prevents insurers from selling products that provide protections to people who shoot other people.

A person wears an NRA hat in front of the US Supreme Court in Washington, DC, on 21 June 2022. (AFP via Getty Images)

Criminal law: Pulsifer v United States

In this criminal law case, the court is being asked to clarify a poorly worded provision of the First Step Act that determines the length of time a defendant can be sentenced.

Clarification on the wording will determine if thousands of defendants in federal prison could benefit from shorter sentences.

A California State Prison-Solano inmate (Getty Images)

Trademark infringement: Vidal v Elster

Justices are being asked to decide if refusing to register a mark that criticises a government official or public figure violates the First Amendment.

The case has to do with Steve Elster’s attempt to register “TRUMP TOO SMALL”.

A ruling in this case will determine if political speech about a public figure or government official can be trademarked. A decision in favour of Mr Elster would mean people in public official positions could lose some rights to name protections.

“TRUMP TOO SMALL” shirts made by Steve Elster (trumptoosmall.com)

Bankruptcy: Harrington v Purdue Pharma

Justices are being asked to determine whether bankruptcy law allows for people who aren’t bankrupt to be protected by liability releases.

It stems from the settlement between Purdue Pharma and victims who overdosed due to the company’s opioid drug, OxyContin.

A ruling in the case can be consequential for wealthy individuals or companies who are no strangers to using bankruptcy claims to get out of liability suits.

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in