The U.S. Supreme Court is beginning its new term this week, with a range of issues including guns, transgender rights, and pornography set for consideration, alongside possible election-related cases. Following a tumultuous previous term during which the court granted broad immunity to former President Trump for actions taken while in office, it now finds itself with low public approval ratings. According to a Gallup poll, the court has faced public disapproval since 2021, a trend largely attributed to its decision to overturn Roe v. Wade in 2022. The situation has been exacerbated by ethics controversies and unprecedented leaks concerning internal deliberations, including those related to the immunity case.
Lisa Blatt, a seasoned Supreme Court advocate, observed that during oral arguments the justices appeared visibly frustrated, suggesting a sense of dysfunction within the court. Although the justices strive to maintain a façade of cordiality, their dissatisfaction seems apparent.
Despite these challenges, court proceedings continue, presenting a number of contentious issues. Among the cases involving social issues, the docket includes matters concerning transgender rights, firearms, and pornography. One key case tests the legality of laws in 24 states that prohibit the use of puberty blockers and other hormone treatments for minors. Deepak Gupta, a Supreme Court practitioner affiliated with Harvard Law School, described this as a significant case that addresses the extent of state authority to regulate medical care for minors and parental rights in making medical decisions. He noted that these issues can be perceived as aligning with conservative values.
Another major case involves ghost guns, which are untraceable firearms assembled from kits purchased online. In response to a surge in ghost guns recovered at crime scenes, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) classified these kits as firearms under existing laws applicable to licensed gun dealers. The Biden administration argues that this regulation is consistent with the 1968 Gun Control Act. Conversely, kit sellers assert that selling firearms parts does not constitute selling firearms.
A second gun-related case examines whether the Mexican government can pursue legal action against U.S. gun manufacturers, alleging they facilitated illegal gun sales to traffickers for Mexican cartels. Mexico enforces stringent gun laws that severely restrict legal gun acquisition.
The court is also reviewing a Texas law restricting access to sexually explicit material online for individuals under 18, which mandates age verification through means such as government-issued ID. Opponents, including a coalition of free-speech advocates, argue the law is overly broad and could suppress adult free speech by instilling fears of extortion, identity theft, and government tracking. They point to less intrusive age verification methods as viable alternatives. The conservative Fifth Circuit Court of Appeals upheld the law, prompting Supreme Court review.
Additional cases are awaiting attention, including those related to religion, environmental issues, and the Trump January 6 prosecution, with the potential for new challenges stemming from the upcoming presidential election. Although the justices prefer to avoid significant involvement in the election process, they have left room on the docket to intervene if necessary.
