Supreme Court to hear trans rights, guns and porn cases in new term
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The Supreme Court is about to dive deeper into some of the most contentious political issues dividing the country, at a time when it's already failing in its longtime mission to stay above the fray of politics.
The big picture: The court's new term begins Monday, with a historic case on trans rights already on the docket and a spate of election-related challenges all but certainly around the corner.
Between the lines: Public opinion of the court is almost at a record low, driven mainly by disapproval from Democrats.
- Conservatives win just about every major case: Roe v. Wade is gone; federal regulators' power is vastly diminished; gun control laws are exceptionally difficult to defend.
- Former President Trump had a direct stake in three cases in the court's last term — he won all three, none more significant than the 6-3 ruling that granted former presidents wide-ranging immunity from criminal prosecution.
- And while some of those cases were not as partisan as they might seem, they came against the backdrop of very partisan-seeming behavior off the court — including the furor over the flags flown at Justice Samuel Alito's homes and revelations that conservative mega-donors funded expensive vacations for Alito and Justice Clarence Thomas.
It's against that backdrop that the justices head back to the bench on Monday, for a term with enormous implications for the country, the law, and the court itself. Here are some of the major cases to watch.
The election
No one knows specifically what election-related cases the court might hear, because the election hasn't happened yet.
- But Trump has already indicated that he won't accept the results if he loses, and legal challenges are likely in any number of post-election scenarios.
Context: When Trump tried to get the courts involved in contesting the 2020 election, his lawyers brought lawsuits that likely wouldn't have changed the outcome even if they had succeeded, which they didn't.
- And the Supreme Court — this Supreme Court, with the same 6 conservative justices — did not come to his aid when he asked.
- But because the landscape of legal challenges this time is unknown, and coming on the heels of major victories for Trump, you can see why Democrats are nervous about a Bush v. Gore redux.
Trans rights
The biggest case already on the court's docket involves Tennessee's ban on gender-affirming care for minors, including puberty blockers and hormone therapy.
- The Justice Department argues that the ban violates the 14th Amendment's Equal Protection Clause.
- 24 other states have adopted similar laws, per AP. If the court upholds Tennessee's law, it would open the door for more states to follow suit
Other cases to watch
The court will hear arguments Tuesday over a federal rule that bans "ghost guns" — weapons without serial numbers that can be assembled with a kit.
- Conservative-leaning lower courts struck down the ban, and gun control laws usually fare poorly at the Supreme Court. But the justices did allow the ban to remain in place while litigation proceeded.
Later in the term, the justices will hear a suit over a Texas law requiring people to submit detailed age verification before accessing porn websites.
- It's being challenged on First Amendment grounds; critics say it's too intrusive toward adults. Arguments haven't yet been scheduled.
