Focus on Transgender Rights, Ghost Guns, and Death Penalty
The U.S. Supreme Court begins its new term on Monday, with significant cases involving transgender rights, the regulation of ghost guns, and death row appeals. While these issues take center stage, election-related disputes loom in the background as the 2024 presidential election draws closer.
Public trust in the court has declined recently, with growing calls for reforms, including a proposal for 18-year term limits. Despite these concerns, the court’s conservative majority has ruled on several landmark cases in recent terms, including presidential immunity, abortion, and gun control. The upcoming docket appears lighter, potentially leaving room for the court to intervene in election-related cases.
Election Disputes Linger as 2024 Approaches
Though no major election-related cases are currently on the docket, the court’s involvement may depend on how the 2024 election between Vice President Kamala Harris and former President Donald Trump unfolds. David Cole, outgoing legal director of the ACLU, noted that the court may be forced to step in depending on the outcome’s closeness. In 2020, the justices dismissed several challenges to the election results brought by Trump and his allies.
Court Ethics Under Scrutiny
The court begins its new term amid heightened tensions over ethics and accountability. During the summer, Justices Elena Kagan and Ketanji Brown Jackson voiced support for strengthening the court’s ethics code, which currently lacks enforcement mechanisms. Additionally, the leak of a memo from Chief Justice John Roberts regarding the court’s presidential immunity decision added to concerns about internal conflicts.
Lisa Blatt, a Supreme Court lawyer, described the situation as “broken,” with some justices appearing visibly frustrated. This follows the unprecedented 2022 leak of the draft decision that overturned Roe v. Wade.
Key Cases on the Docket
The court’s first major case this term involves the Biden administration’s attempt to regulate ghost guns, which are difficult to trace and have been increasingly found at crime scenes. This case comes after the conservative-leaning 5th U.S. Circuit Court of Appeals invalidated the regulation. Last term, the court struck down a ban on bump stocks, a gun accessory used in the 2017 Las Vegas mass shooting.
Another prominent case is a death penalty appeal by Oklahoma inmate Richard Glossip, whose conviction is marred by prosecutorial errors. Unusually, the state’s prosecutors are conceding that mistakes were made during his trial.
Transgender Rights Take Center Stage
The highest-profile case this term involves transgender rights and state bans on gender-affirming care. The case, likely to be argued in December, centers on a Tennessee law restricting puberty blockers and hormone therapy for transgender minors. This case is part of a broader legal battle between Republican-led states, which have enacted restrictions, and Democratic-led states, which have expanded protections for transgender individuals.
