Gun, Transgender Rights, and Porn Cases Loom as US Supreme Court Returns

By Andrew Chung

The U.S. Supreme Court begins its new nine-month term on Monday, with a slate of significant cases already on the docket, addressing issues such as firearms, transgender rights, and online pornography. Additionally, the court may face legal disputes stemming from the upcoming presidential election on November 5.

With a 6-3 conservative majority, the court has consistently shifted U.S. law to the right on various topics. This term follows a noteworthy previous session, which concluded with a contentious ruling on July 1 that granted Donald Trump broad immunity from criminal prosecution for actions taken during his presidency.

As the justices return from their summer break, they are under heightened scrutiny from politicians and the public, not only for their rulings but also due to ongoing ethics controversies and unresolved leaks of confidential information. Observers, including attorney Lisa Blatt, have noted visible frustration among the justices during orals arguments, suggesting a troubling atmosphere within the court.

The first significant case on the agenda is scheduled for Tuesday, where the justices will hear arguments regarding "ghost guns," which are largely untraceable, home-assembled firearms. The Biden administration is appealing a lower court’s decision that ruled the federal Bureau of Alcohol, Tobacco, Firearms and Explosives exceeded its authority in regulating these weapons, which law enforcement claims are frequently used in crimes.

The court is also set to consider the Biden administration’s challenge to a Tennessee law that bans gender-affirming medical care for transgender minors, a ruling upheld by a lower court. Other pending cases include an appeal from the adult entertainment industry against a Texas law mandating age verification for pornographic websites, and the FDA’s defense of its rejection of flavored vape product applications due to health risks for young users. Specific argument dates for these cases have yet to be announced.

The ruling regarding Trump’s immunity heightened divisions within the court, reflecting broader ideological rifts in an already polarized nation. Liberal Justice Ketanji Brown Jackson expressed concerns about the implications of such immunity, highlighting potential inequities in the justice system. Some liberal justices have voiced doubts about the court’s direction following recent rulings, including the one that overturned Roe v. Wade, which legalized abortion nationwide, alongside expanded gun rights. These comments have precipitated pushback from conservative justices like Samuel Alito.

University of Chicago law professor Geoffrey Stone has pointed to concerns over questionable conduct from some justices, particularly regarding gift disclosures and the highly politicized nature of their constitutional interpretations. Despite these criticisms, some argue that claims of politicization are made in bad faith by opponents of the court’s decisions.

As Trump returns as the Republican candidate against Democratic rival Kamala Harris in the November election, the court could be called upon to resolve election-related disputes, a situation they may prefer to avoid, as noted by attorney William Jay.

Recent media reports have highlighted disclosures concerning justices, notably conservatives Clarence Thomas and Alito, regarding undisclosed private jet travel and gifts from affluent benefactors. In response to pressures regarding ethics, the court established its first code of conduct, although it lacks enforcement mechanisms. Justices Jackson and Elena Kagan have advocated for a more robust framework.

In July, Biden proposed instituting 18-year term limits for justices and establishing a binding code of conduct. However, these proposals face significant opposition from Republicans, leaving their implementation unlikely.

Confidentiality and trust among the justices have also been tested, especially following a draft leak of the 2022 abortion decision and, more recently, details from internal memos about Trump’s immunity case reported by the New York Times. Blatt referred to the latter leak as "shocking," reflecting concerns that such actions undermine the court’s integrity.