Supreme Court Term Could Shape Future Legal Landscape
The beginning of October sets the stage for significant events in various fields. In baseball, this month decides the teams for the playoffs, and football enters a crucial phase towards the Super Bowl. The U.S. Supreme Court also begins its October term, hearing cases that have been anticipated for some time.
This term promises important cases in areas like climate change, gun rights, and parental rights. Although the court continually accepts cases, only an average of 70-80 of the thousands of petitions are selected each term for the coveted writ of certiorari. Historically, the court reverses most cases it decides to review.
Climate Change
One critical case involves Suncor Energy Inc. v. County Commissioners of Boulder County. Boulder County filed a lawsuit against energy companies, claiming they knowingly worsened climate change while misleading the public. The Colorado Supreme Court supported the city and county, ruling these lawsuits are permissible despite federal preemption. This case may lead to numerous climate change lawsuits against companies.
Gun Rights
The Supreme Court term is set to address major Second Amendment issues. Several states have enacted bans on the AR-15 rifle and 9mm semi-automatic handgun. Cases in Chicago (Viramontes v. Cook County) and New York (Grant v. Higgins) will test the legality of these bans, potentially clarifying past rulings on gun control policies.
The court is also contemplating reviewing Calce v. New York, concerning a stun gun ban that was upheld by the Second Circuit. Previously, the Supreme Court reaffirmed that weapons not existing at the ratification of the Second Amendment are still protected. Adding Calce to the docket could make this a significant Second Amendment term.
Religious Schools and Discrimination
The court is revisiting cases involving religious schools facing discrimination allegations. In St. Mary Catholic Parish v. Roy, the Tenth Circuit endorsed a Colorado rule demanding adherence to non-discrimination policies by preschools regarding multiple attributes, including religious affiliation. Catholic opponents argue this compels them to compromise their religious principles to participate in the program.
Parental Rights
Another crucial case is International Partners for Ethical Care, Inc. v. Ferguson. Washington state laws now delay parental notification of runaway children undergoing gender-affirming treatment. The Ninth Circuit dismissed parental claims due to insufficient standing.
The Right to a 12-Member Jury
In a case titled Kian v. Florida, a chiropractor convicted on several counts was tried by a six-member jury as per Florida law. Kian contends this violates his Sixth Amendment right to a 12-member jury.
Freedom of Speech
Several free speech cases are pending. The court must decide whether to hear D.A. v. Tri-County Area Schools, which upholds a school’s right to ban sweatshirts with potentially provocative messages. Another case, Tiny Zaps v. Traxler, challenges bans on certain tattoos and locations of tattoo parlors. The South Carolina Supreme Court ruled in favor of these bans, and the case could further define free-speech rights relating to body art.
The late Justice Ruth Bader Ginsburg remarked on the constant significance of Supreme Court terms. This term is poised to handle significant issues, with more slots anticipated to be filled by January.
Professor Jonathan Turley, an expert in constitutional law, highlights these developments. He is the author of “Rage and the Republic: The Unfinished Story of the American Revolution.”