The Supreme Court Cases to Watch this Term

By: Bakhtawar Bhurgari

WASHINGTON - The Supreme Court's new term commenced on October 2nd with public support at a record low and a hefty docket of high-profile cases featuring free speech, abortion, gun rights, and more. 

Although nothing is expected to be on par with conservative-driven decisions in recent years, it is still too early to determine as the new term brings nagging issues back to the table and the court keeps leaning to the right. 

Gun rights are returning to the high court. The new term challenges The Lautenberg Amendment which prohibits people under domestic violence restraining orders to possess firearms, gun rights activists argue that this violates the Second Amendment's right to bear arms. The court will hear United States v. Rahimi on November 7th and, with a conservative majority, it is possible that the Lautenberg Amendment will be abolished. 

Social media censorship is another pressing issue that will take stage in the upcoming term. Netchoice, a tech industry group, argues state laws that prohibit social media platforms from censoring users and moderating content violate the First Amendment. Another case raises the question of whether public officials can block their critics on social media and if that violates the user's right to free speech. The court's decisions will set the stage for how the First Amendment applies to social media and online speech.

One of the most crucial cases looming overhead is one that could strip health agencies of their regulatory powers and create yet another tremorous shift in the abortion landscape. A 5th Circuit Court of Appeals ruling found that the FDA did not adequately review the safety of mifepristone, an abortion pill, upon its approval in 2000 and calls for cutbacks to the drug's access. The Supreme Court has yet to decide if it will take up the case challenged by the 5th Circuit, which the FDA claims is nonsensical and politically motivated. Mifepristone accounts for more than half of all abortions in the United States, if the court decides to uphold the ruling, then access to abortion will be made significantly difficult. 

After a handful of redistricting wins in the previous term, the Supreme Court has taken up yet another racial gerrymandering case challenging the constitutionality of a congressional map in South Carolina that diluted the voting power of Democratic-leaning Black voters to a single district, whilst bolstering Republican power in the First District. The lower courts found that race was a predominant factor in the legislature's decision to redraw district lines which explains the movement of tens of thousands of Black voters from the First District, violating the 14th and 15th Amendments. The question now is whether the Supreme Court’s previous decisions on redistricting were one-offs or reflect a fundamental shift in the Court’s approach towards democracy. 

Although some of these cases give rise to a sense of déjà vu, it is hoped that the outcomes will be far from what the court has recently become accustomed to. Till then, all eyes are on the Supreme Court’s conservative majority and the big question remains - how far right can they possibly go?