The month of October is significant for sports enthusiasts and the legal community. While baseball and football teams work toward playoffs, the U.S. Supreme Court also commences its October term. This period is crucial as long-awaited cases finally reach oral arguments and decisions are made on a rolling basis.
Key Cases and Topics
This term promises to be impactful with cases that cover climate change, gun rights, and parental rights. Despite receiving thousands of petitions annually, the Supreme Court selects on average between 70 to 80 cases to hear. Last term, it reversed 71% of the cases it reviewed.
This year’s docket includes several major cases with potential to change legal and societal norms.
Climate Change
Suncor Energy Inc. v. County Commissioners of Boulder County
Boulder County filed lawsuits against energy firms for their alleged role in climate change, citing public and private nuisance, trespass, unjust enrichment, and civil conspiracy. The Colorado Supreme Court decided in favor of the county, ruling these cases aren’t preempted by federal law. If the case proceeds, it could spark numerous climate change lawsuits against corporations.
Gun Rights
This term is already notable for major Second Amendment discussions. Cities and states attempted to ban popular firearms like the AR-15 and the 9mm semi-automatic handgun. Cases from the Seventh Circuit in Chicago (Viramontes v. Cook County) and the Second Circuit in New York (Grant v. Higgins) could clarify the legality of these bans.
The court is also considering Calce v. New York, a case about a stun gun ban. Previously, a similar case from Massachusetts, sent back to the lower court, emphasized that non-existent weapons at the time of the Second Amendment ratification are not necessarily outside constitutional protections.
Parental Rights and Religious Discrimination
St. Mary Catholic Parish v. Roy
This case revisits religious policies in schools. The Tenth Circuit upheld Colorado’s rule requiring preschools not to discriminate based on race, religious affiliation, sexual orientation, gender identity, income, or disability. Catholic institutions argue they are forced to compromise their faith to participate in public programs.
International Partners for Ethical Care, Inc. v. Ferguson
In Washington, recent law changes delay parental notifications about runaway children receiving gender-affirming treatment. The Ninth Circuit dismissed parental claims due to insufficient standing.
Sixth Amendment and Free Speech
Kian v. Florida
Hamed Kian challenges Florida’s law after conviction by a six-member jury, claiming it breaches his Sixth Amendment right to a 12-member jury.
Other possible important cases involve free speech. The court may review D.A. v. Tri-County Area Schools, a case about public school dress codes and the First Amendment. Similarly, Tiny Zaps v. Traxler tackles bans on facial tattoos and proximity limitations for tattoo parlors.
Justice Ruth Bader Ginsburg once remarked that every term at the Supreme Court promises significance. This term reinforces that view as it addresses numerous pivotal issues.
Jonathan Turley, a law professor and best-selling author, provides insight into these topics, sharing his expertise on constitutional matters in his works.