The Supreme Court will hear arguments on 'ghost guns,' transgender rights and more during its 2024 term. Here's our guide.
On Monday, the high court declined to hear two cases regarding abortion and reproductive rights.
On the first day of the U.S. Supreme Court’s new term on Monday, it signaled an unwillingness to review two cases related to abortion and reproductive rights.
In a win for Texas Republicans, the high court declined to take on a case (Becerra et al. v. Texas et al.) that involves emergency room abortions in that state, where there is a near-total ban on abortion, except when the mother's life is at risk. The Biden administration argued that a federal emergency care law should trump Texas law and require hospitals in the state to perform abortions in medical emergencies to stabilize patients or risk losing federal funding.
SCOTUS turned away the Biden administration appeal on Monday and kept a lower court order in place that says Texas hospitals can't be required to perform emergency abortions that violate the state's abortion law.
The high court also declined to review a case that involves an Alabama fertility clinic seeking to avoid a wrongful death claim in a civil lawsuit over the destruction of frozen embryos by a patient who gained unauthorized access to a storage area in the clinic, dropping several of them, including one remaining embryo belonging to the couple who filed the wrongful death suit.
SCOTUS's refusal to hear that case means that an Alabama Supreme Court ruling stands, which allows patients to sue in vitro fertilization providers for wrongfully destroying embryos. Even though the Republican-led Alabama Legislature passed a law providing immunity to IVF providers from criminal charges or civil claims, the clinic is not protected from the wrongful death lawsuit.
Meanwhile, several major cases — involving guns, transgender rights and more — are already on the Supreme Court's docket. The 6-3 conservative-majority court could also eventually hear cases related to the upcoming presidential election.
Here is a quick guide to some of the notable cases coming before the court this fall.
‘Ghost guns’
Case: Garland v. VanDerStok
Oral arguments: Oct. 8
What’s at stake: The Supreme Court will hear arguments over the legality of “ghost guns,” or untraceable, home-assembled firearms that can be made and used by anyone — no background check required. A lower court ruled that the Bureau of Alcohol, Tobacco, Firearms and Explosives had exceeded its authority in issuing a 2022 regulation that expanded the 1968 Gun Control Act to include parts and kits used to make so-called ghost guns regulated like any other firearm. The Biden administration appealed the ruling.
Read more via Reuters: Supreme Court to hear challenge to Biden's 'ghost guns' curbs
Gender-affirming care for minors
Case: U.S. v. Skrmetti
Oral arguments: Not yet scheduled
What’s at stake: The high court will decide the legality of a Republican-backed ban on gender-affirming medical care for transgender minors in Tennessee. In 2023, the state passed a law banning medical treatments — such as hormone treatments and gender-transition surgeries — for patients under the age of 18. The Biden administration appealed a lower court ruling that upheld the ban.
Read more from the Associated Press: Supreme Court will take up state bans on gender-affirming care for minors
Age verification for porn sites
Case: Free Speech Coalition v. Paxton
Oral arguments: Not yet scheduled
What’s at stake: The court will consider whether a 2023 Texas law requiring pornographic websites to verify the age of users violates the Constitution's protection against government infringement of free speech. A lower court upheld the state’s age-verification requirement for any website that publishes content one-third or more of which is “harmful to minors.” A trade group representing adult entertainment companies and performers appealed, arguing that the law imposes a burden on adult access to constitutionally protected expression.
Read more from the Austin American-Statesman: Supreme Court to review age-verification law for porn sites
Flavored vape products
Case: Food and Drug Administration v. Wages and White Lion Investments, LLC
Oral arguments: Not yet scheduled
What’s at stake: The court agreed to hear the U.S. Food and Drug Administration’s appeal of a lower court ruling that found the agency improperly denied applications by two e-cigarette companies to sell flavored vape products.
In 2020, the companies filed FDA applications to market various fruit- and candy-flavored versions of their nicotine-laced liquid — with names including “Strawberry Astronaut" and "Bunny Season" — to adults. The FDA rejected the applications, saying the products pose a "known and substantial risk to youth." The lower court ruled that the FDA failed to consider plans by the companies to prevent underage access and use.
Read more via AP: Supreme Court to weigh whether regulators were heavy handed with flavored e-cigarette products
Election challenges loom
The Supreme Court could also take up any number of election-related lawsuits before and after Election Day.
There are already hundreds of pending state and federal cases involving voter registration, access and vote certification. And with the tightly contested Nov. 5 election approaching, plenty more are expected.
The justices also begin their new term amid sagging public confidence. An AP-NORC poll conducted in June found only 16% of respondents said that they had a "great deal" of confidence in the Supreme Court, down from 28% in 2020.
According to the latest polling average compiled by FiveThirtyEight.com, more than half of Americans (54.5%) disapprove of the nation's high court, compared with 37.8% who approve.