October initiates an intense period for the Supreme Court as key cases arise for oral argument. Unlike baseball playoffs or the journey towards the Super Bowl in football, the start of the court’s October term offers significant judicial activities. This year, major cases range from climate change, gun rights, to parental rights.
Climate Change
In the case of Suncor Energy Inc. v. County Commissioners of Boulder County, Boulder has taken legal action against energy companies. The claims include public and private nuisance, trespass, unjust enrichment, and civil conspiracy. The accusation centers on the companies’ awareness of their contribution to climate change and their alleged misinformation to the public. The Colorado Supreme Court ruled in favor of Boulder, finding that such lawsuits aren’t blocked by federal preemption. If upheld, it could initiate numerous climate-related lawsuits.
Gun Rights
This term could heavily impact the Second Amendment. Pending cases from Chicago (Viramontes v. Cook County) and New York (Grant v. Higgins) challenge bans on the AR-15 rifle and 9mm semi-automatic handgun. These decisions might clarify restrictions circumventing previous rulings. Additionally, the court considers reviewing Calce v. New York, which involves a stun gun ban. A prior related case from Massachusetts was revisited, highlighting that the emergence of new weapons doesn’t exclude them from constitutional protection.
Parochial Schools and Religious Discrimination
The controversy over parochial schools persists. In St. Mary Catholic Parish v. Roy, the Tenth Circuit supported a Colorado provision requiring preschools to pledge against discrimination based on several criteria including religious affiliation. The Catholic challengers argue this infringes on their religious beliefs.
Parental Rights
Parental rights face challenges in the case of International Partners for Ethical Care, Inc. v. Ferguson. Washington’s amendment delays parental notification of runaway children undergoing “gender-affirming treatment.” Instead, the Department of Children, Youth, and Families is informed first. The Ninth Circuit dismissed parental claims due to standing issues.
The Right to a 12-Member Jury
In Kian v. Florida, chiropractor Hamed Kian contends his Sixth Amendment rights were violated when tried by a six-member jury under Florida law. This case may scrutinize jury size rights.
Among others, cases involving free speech draw attention. The potential acceptance of D.A. v. Tri-County Area Schools could impact First Amendment interpretation, particularly concerning a ban on “Let’s Go Brandon” apparel. Similarly, Tiny Zaps v. Traxler questions bans related to tattoos and their locations, possibly furthering free-speech protections.
Justice Ruth Bader Ginsburg once noted the Supreme Court’s capacity for impactful terms. This one appears significant, with more cases to be decided by January.
Jonathan Turley is a law professor and a best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”
Leave a Reply