The US Supreme Court kicks off its new term on Monday, navigating a landscape marked by a fiercely contested presidential election and a docket packed with potentially divisive cases. The court reconvenes just three months after delivering a string of significant rulings, and while the current docket might appear less heated at first glance, it encompasses critical disputes over ghost guns and healthcare for transgender youth.
The ongoing election battle between former President Donald Trump and Vice President Kamala Harris, a race too close to call, could potentially drag the court into a polarizing conflict. Bloomberg reports that election-law expert Rick Hasen from UCLA School of Law expressed concern, stating, “I think the court would rather not be in the position of determining the outcome of the election.” He added, “If it’s so close that it turns on just a single state that is very close, then I think we’d see a repeat of Bush v. Gore. But that is not a likely occurrence, just based on the odds.”
The court has already dismissed requests to include Green Party candidate Jill Stein on the Nevada ballot and to reinstate independent Robert F. Kennedy Jr. on the New York ballot, despite his suspended candidacy. However, larger disputes over mail-in ballot regulations and state certification of election results could emerge, adding further pressure on the court.
The court’s potential involvement in a major election case could test its conservative-majority standing, which has been under scrutiny due to ethical controversies and divisive rulings. A Marquette Law School poll in August revealed a concerning 43% approval rating and 57% disapproval rating of the court.
High-profile pending cases include the Biden administration’s challenge to a Tennessee law prohibiting puberty blockers and hormone therapy for transgender children. The outcome of the election could significantly influence these cases, as a Trump victory might lead to the withdrawal of the federal government’s appeal.
Other crucial cases involve a dispute over a 2022 Biden administration rule that classifies build-at-home “ghost gun” kits as fully assembled firearms. The court’s previous ruling on a similar case may offer insights into its approach to this issue. The court will continue to add cases to its docket until mid-January, possibly revisiting Trump’s bid for immunity from criminal prosecution related to his efforts to overturn the 2020 election loss.
The Supreme Court’s decisions during this term will undoubtedly have a profound impact on the nation’s legal landscape and political discourse. The court’s ability to navigate these contentious issues while maintaining its reputation for impartiality will be closely watched by the nation.
