Supreme Court Term Begins with Controversial Issues and Calls for Change
By Claire Hardwick, USA TODAY
WASHINGTON − The Supreme Court commences its nine-month term today, tackling a slew of contentious topics ranging from gun control and social media regulations to the application of government power. However, along with these pressing matters, the court also faces persistent questions about ethics and public perception.
In a recent Gallup poll, less than half of Americans expressed confidence in the Supreme Court. This lack of trust in the institution has prompted calls for reform and a code of conduct. Justice Elena Kagan voiced her hope for progress in this area, emphasizing the importance of adhering to the highest standards of conduct.
Debate on Ethics Takes Center Stage
Ethical concerns loom large over the upcoming term, though they may not directly impact court decisions. Reports by ProPublica exposing Justice Clarence Thomas’ acceptance of lavish travel from a GOP donor have intensified the debate. Democrats are now pushing for a code of ethics to be imposed on the court.
Calls for three justices, Thomas, Samuel Alito, and Amy Coney Barrett, to recuse themselves from certain cases have also raised questions about self-policing within the court. Legal experts argue that the justices should be held to the same standards as other federal judges.
Gun Control and Second Amendment Smackdown
One highly anticipated case this term involves a challenge to whether individuals under domestic violence restraining orders can be prohibited from owning firearms, a question that could pose a challenge to the court’s conservative majority. Last year, the court invalidated a New York gun licensing law, asserting that gun regulations must align with historical tradition. Now, the justices have an opportunity to clarify their stance on this critical matter.
The court may also decide whether to hear an appeal regarding the Trump administration’s ban on bump stocks, a device that simulates automatic firing. The outcome of this case could have far-reaching implications for gun regulation.
Federal Agency Power Under Scrutiny
Three cases before the Supreme Court this term have the potential to significantly limit the authority of federal agencies. The first case involves East Coast fishing businesses challenging a rule requiring them to pay for monitors to record their catches. If the court agrees with the fishermen’s argument that unclear legislation should not bind the government, it could hinder regulatory agencies’ ability to oversee industries such as environment, guns, and healthcare.
In a separate case, the court will examine the funding of the Consumer Financial Protection Bureau. A ruling against the government could undermine other independent agencies like the Federal Reserve. The constitutionality of in-house judges at the Securities and Exchange Commission is also being challenged, disrupting the traditional system of handling securities fraud cases.
Social Media Regulation and First Amendment Rights
The Supreme Court wades into a fiercely partisan battle over social media regulation this term. Two cases originating from Texas and Florida challenge laws limiting the ability of social media platforms to moderate content. Supporters of these laws, including former President Donald Trump, argue that conservative viewpoints have been unfairly targeted. However, experts predict that the court will rule against the states, citing a previous decision protecting First Amendment rights for private entities.
The court will also address whether elected officials can block voters on social media platforms, a case that could have significant implications for freedom of speech and political engagement online.
Abortion Debate Could Reignite
Major abortion-related cases are pending and could be granted later this term. A highly watched battle concerns restrictions on the abortion pill mifepristone in Texas. The court will consider whether federal courts went too far in limiting access to the drug. Additionally, the court may decide whether to hear a case regarding a Virginia high school’s admissions policy, which led to increased Black and Hispanic enrollment. This case raises questions about the interpretation of the 14th Amendment.
The Supreme Court begins its new term facing a variety of controversial issues and the demand for reform. As the justices take on these challenges, their decisions will shape the future of American law and society.