Oyez! Oyez!
The Supreme Court began its 2026–27 term on October 5, 2026. Although the justices probably saw it as just a return to the office. They really did not get their customary three-month vacation, mainly due to the Trump administration’s endless barrage of “emergency motions” begging the conservative majority to stop a nearly unanimous string to lower court orders that Trump stop doing something he was doing that they found to be illegal, unconstitutional, or both. With his posse of six conservatives squarely in his corner, he won most of those emeergency appeals.
The central controversy is whether the Supreme Court is acting as an independent check on President Trump or helping him concentrate power in the presidency. Since his second term began in January 2025, the Court has substantially strengthened his control over government and repeatedly lifted lower-court restrictions on his policies. But it has also rejected some of his initiatives, making the record more complicated than “the Court always sides with Trump.”
We reviewed those cases several times during the last session. Let’s look today on the major cases to watch in the session which has just begun. The Supremes in this session will chime in on climate change, the Second Amendment, voting laws, and religious freedom, among others.
1. Climate Change & Corporate Liability
- Suncor Energy Inc. v. County Commissioners of Boulder County
- The Issue: The Court kicked off the term by hearing this case on opening day. It decides whether local governments can use state laws to sue oil companies for billions in infrastructure damages caused by climate change, or if federal laws (like the Clean Air Act) preclude those state-level lawsuits.
2. Second Amendment (Assault Weapon Bans)
Viramontes v. Cook County
- The Issue: This case directly challenges an Illinois county’s ban on AR-15 rifles and high-capacity magazines. The ruling could redefine Second Amendment protections for semi-automatic firearms and impact similar restrictions enacted across 11 different states.
3. Voting Rights & Proof of Citizenship
- Republican National Committee v. Mi Familia Vota
- The Issue: Set for argument in December 2026, this case considers the legality of Arizona laws requiring documentary proof of citizenship to register to vote in federal elections, and whether states can cancel registrations close to election day under the National Voter Registration Act (NVRA).
4. Religious Freedom vs. LGBTQ Nondiscrimination
- St. Mary Catholic Parish v. Roy
- The Issue: The justices will explore whether religious preschools can be barred from receiving state public funds if they refuse to admit children from LGBTQ families. This tests the boundary between the First Amendment’s Free Exercise Clause and state anti-discrimination policies.
5. Immigration & Executive Authority
- The docket features highly scrutinized challenges to federal immigration policies. Key questions include whether the administration has the authority to implement third-country deportations (sending migrants to a nation they have no ties to) and whether it can mandate the detention of certain immigrants rather than releasing them while their cases are pending.
All that plus whatever Trump throws at them. It is a full docket. And it will be a busy year.
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