For Returning SCOTUS: Abortion, Guns, Trump

Supreme Court's new term starts Monday
By Newser Editors and Wire Services
Posted Oct 1, 2023 9:30 AM CDT
Supreme Court Is Back At It Monday. Here's a Quick Look
The US Supreme Court is seen Aug 30, 2023, in Washington. The new term of the high court begins Monday, Oct. 2.   (AP Photo/Mariam Zuhaib, File)

The Supreme Court seems a bit quieter than in recent years, as the justices begin a new term. Major cases await, as they always do, including several challenges to regulatory agencies and efforts to regulate social media platforms. But nothing yet seems on par with conservative-driven decisions overturning Roe v. Wade's right to an abortion and expanding gun rights in June 2022, then ending affirmative action in higher education, and killing the Biden administration's student loan forgiveness plan last June. That could change, especially if issues related to the prosecution of former President Donald Trump or efforts to keep him off the ballot in some states reach the justices. Some things to know about the Supreme Court's new term, via the AP:

  • Guns and abortion, redux: The justices' decision in June 2022 on guns altered how courts are supposed to evaluate restrictions on firearms. Since then, a federal law aimed at keeping guns away from people facing domestic violence restraining orders has been struck down by a lower court. The Biden administration appealed and the justices have set arguments for November. Abortion isn't yet on the calendar, but is likely to be added later in the fall when the court considers the administration's appeal of lower-court rulings that would impose restrictions on mifepristone, a medication used in the most common method of abortion in the United States.
  • 5th Circuit: The federal appeals court in New Orleans is keeping the Supreme Court busy. Both the mifepristone and guns cases come from that conservative-dominated court, the 5th US Circuit Court of Appeals. The appeals court also has issued rulings that would severely hamper the operations of the Consumer Financial Protection Bureau and restrict Securities and Exchange Commission actions against securities fraud. What's more, the 5th Circuit upheld the Texas social media law the court will take up.

  • Ethics code: The highest court in the land should have the highest ethical standards, Chief Justice John Roberts has said. But the Supreme Court stands alone among judges in not being bound by a code of ethics. The issue has vexed the justices for several months, over a series of stories questioning the ethical practices of the justices. Many of those stories focused on Justice Clarence Thomas and his failure to disclose travel and other financial ties with wealthy conservative donors, including Harlan Crow and the Koch brothers. But Justices Samuel Alito and Sonia Sotomayor also have been under scrutiny. There are signs the court could adopt an ethics code, but it's not clear when.
  • Trump factor: There seems to be no end to cases involving the former president. The court already has agreed to hear a case in which a man tried to trademark a phrase mocking Trump as "too small." Bigger controversies could be headed the court's way. Federal judges are weighing various appeals related to the prosecution of Trump in federal courts in Washington and Florida, and state courts in Georgia and New York. It's by no means certain the court will be asked to weigh in, but it's also not out of the question. With Trump again seeking the Republican presidential nomination, lawsuits have been filed in several states to keep him off the ballot under a rarely used, post-Civil War constitutional provision that disqualifies candidates who have supported an "insurrection or rebellion."

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