Supreme Court opens new term Monday

The U.S. Supreme Court formally opens a new term on Monday with big test cases on religion, bans on semi-automatic weapons, climate change, immigration and election law cases waiting in the wings.

Emergency appeals have surged dramatically

Georgetown University law professor Stephen Vladeck observes that the number of emergency appeals has ballooned during the Trump administration, while fully briefed and argued cases have dropped precipitously over the years.

Emergency rulings lack explanation

Decisions on the emergency docket are rendered quickly with little briefing, no oral arguments and little or no explanation. Lower court judges complain this does not provide adequate guidance for their own decisions.

Climate case tests state power to sue

The opening case, argued Monday, tests whether state and local governments can sue energy companies for allegedly deceiving the public about the damaging effects of fossil fuels. Most court observers see it as an uphill battle for environmentalists.

Religion doctrine has shifted dramatically

For nearly a century the Supreme Court emphasized the First Amendment's separation of church and state. Since President Trump appointed three new justices, the court's conservative super majority has dramatically changed its legal doctrine on religion.

Michigan law professor on the shift

Michigan State University law professor Frank Ravitch observes that the change in religious doctrine is a complete reversal. It's literally the opposite of what the law was not that long ago.

“It's literally the opposite of what the law was not that long ago, and it's just a complete shift.”

Colorado case on religious school funding

St. Mary Catholic Parish in Littleton, Colorado wants state funding guaranteed in the state's universal pre-K law but does not want to admit LGBTQ students or students with gay or trans parents. The parish says admissions would violate the church's free exercise of religion.

Colorado counters with anti-discrimination law

Colorado argues that funding the church school would violate the state's anti-discrimination law. The court's conservative majority has ruled in favor of religious exemptions from generally applicable laws in multiple cases.

Semi-automatic weapons case in December

In December the court will hear a case testing whether state and local governments violate the Second Amendment when they ban semi-automatic weapons like the AR-15. The case presents competing views on gun rights and public safety.

AR-15 firepower and ownership numbers

Former Solicitor General Don Verrilli Jr. notes the AR-15 can deliver upwards of one hundred bullets per minute without enhancements and five hundred bullets per minute with enhancements. Millions of Americans own AR-15s.

Third country deportation case in December

The court will hear arguments in December about whether the Department of Homeland Security may deport migrants to so-called third countries when their countries of origin refuse to accept them. Since Trump began his second term, his administration has deported thousands of people to third world countries where they have no connections.

Ten Commandments case likely coming

A case waiting in the wings seeks to reverse a nearly half-century-old Supreme Court precedent that bars public schools from posting the Ten Commandments in classrooms. Texas, Arkansas, Louisiana and Alabama have passed conflicting laws, and lower courts are split on the question.

Prediction market case on the horizon

Another case could test whether states can regulate Kalshi, the forty billion dollar prediction market behemoth that has sports fans betting on everything from the next pitch to the point spread or the outcome of Supreme Court cases.

Trump administration's slow-walked cases

The Trump administration has slow-walked cases for close to two years after quickly losing in lower courts. Examples include attempts to deny medical research grants to Harvard University and deny security clearances to law firms it views as hostile.

Election disputes likely to reach court

The Trump administration has sought to influence elections in numerous ways, and it is unclear what efforts the administration might take going forward. If serious voting problems arise, they will likely end up at the Supreme Court's door on the emergency docket.