What major cases are coming before the US Supreme Court?
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[September 28, 2023]
(Reuters) - The U.S. Supreme Court on Monday opens a new
nine-month term loaded with important cases on issues including gun
rights, the power of federal agencies, Purdue Pharma's bankruptcy
settlement, the legality of Republican-drawn electoral districts and
even one involving the size of Donald Trump's hands.
Here is a look at some of the cases the justices are due to decide.
DOMESTIC VIOLENCE GUN CURBS
Another major gun rights dispute is coming to the justices as they are
poised to decide whether a 1994 federal law that bars people under
domestic violence restraining orders from possessing firearms violates
the U.S. Constitution's Second Amendment. President Joe Biden's
administration appealed a lower court's ruling that the law ran afoul of
the Second Amendment's "right to keep and bear arms" because it fell
outside "our nation's historical tradition of firearm regulation." A
challenge to the law was filed by a Texas man charged with illegal gun
possession while subject to a domestic violence restraining order after
assaulting his girlfriend. Arguments are scheduled for Nov. 7.
SOUTH CAROLINA ELECTORAL MAP
The justices are due to hear a bid by South Carolina officials to revive
a Republican-crafted voting map that a lower court concluded had
unconstitutionally "exiled" 30,000 Black voters from a closely contested
U.S. House of Representatives district. South Carolina officials
appealed a federal judicial panel's ruling that the map deliberately
split up Black neighborhoods in Charleston County in a "stark racial
gerrymander" and must be redrawn. Gerrymandering involves the
manipulation of electoral district boundaries to marginalize a certain
set of voters and increase the influence of others. Arguments are
scheduled for Oct. 11.
CONSUMER WATCHDOG AGENCY'S FUNDING
The court is set to decide whether the Consumer Financial Protection
Bureau's funding structure established by Congress violates the
Constitution in a case that the Biden administration has said threatens
the agency's ability to function. The administration appealed a lower
court's ruling in a lawsuit by trade groups representing the payday loan
industry that found that the funding mechanism violated the
constitutional provision giving lawmakers the power of the purse. The
agency, which enforces consumer financial laws, draws money each year
from the U.S. Federal Reserve rather than budgets passed by Congress.
Arguments are scheduled for Oct. 3.
SEC IN-HOUSE ENFORCEMENT
The justices will hear the Biden administration's defense of certain
Securities and Exchange Commission in-house enforcement proceedings in
another case that could undercut the power of federal agencies. The
administration appealed a lower court's decision that struck down
certain SEC enforcement proceedings as unconstitutional for violating
the right to a jury trial and infringing on presidential and
congressional powers. The case involves a hedge fund manager who the SEC
had fined and barred from the industry over securities fraud. Arguments
have not yet been scheduled.
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The U.S. Supreme Court building is seen in Washington, U.S., August
31, 2023. REUTERS/Kevin Wurm/File Photo
COMMERCIAL FISHERMEN
The issue of whether the government can require commercial fishermen
to help fund a program monitoring herring catches off New England's
coast will come before the court in yet another a case that could
diminish the power of federal agencies. New Jersey-based fishing
companies appealed a lower court's ruling in favor of the U.S.
government in a challenge to a conservation program overseen by the
National Marine Fisheries Service. The companies are asking the
Supreme Court to overturn its decades-old precedent calling for
judges to defer to federal agency interpretation of U.S. laws, a
doctrine called "Chevron deference." Arguments have not yet been
scheduled.
PURDUE PHARMA BANKRUPTCY SETTLEMENT
A Biden administration challenge to the legality of Purdue Pharma's
bankruptcy settlement goes to the justices, involving a deal that
would shield its wealthy Sackler family owners from lawsuits over
their role in the U.S. opioid epidemic. Purdue's owners under the
settlement would receive immunity in exchange for paying up to $6
billion to settle thousands of lawsuits filed by states, hospitals,
people who had become addicted and others who have sued the company
over misleading marketing of its powerful pain medication OxyContin.
Arguments have not yet been scheduled.
SOCIAL MEDIA AND GOVERNMENT OFFICIALS
Exploring free speech rights in the social media era, the court will
consider whether the Constitution's First Amendment bars government
officials from blocking critics on platforms like Facebook and X,
formerly called Twitter. At issue in disputes from California and
Michigan is whether a public official's social media activity can
amount to governmental action bound by First Amendment limits on
government regulation of speech. Arguments are scheduled for Oct.
31.
WORKPLACE BIAS
A dispute over whether workers can bring discrimination lawsuits
based on unwanted workplace transfers allegedly motivated by bias -
an issue that can make or break many cases - will come before the
justices. They took up a case involving a St. Louis police officer
who is seeking to revive claims that she was transferred to an
undesirable post to make way for a male officer. Arguments have not
yet been scheduled.
'TRUMP TOO SMALL' TRADEMARK
The court will consider whether a California attorney's trademark
for the phrase "Trump Too Small" - a cheeky criticism of the former
president - should have been granted by the U.S. Trademark Office.
The office appealed a lower court's decision that the attorney's
First Amendment free speech protections for his criticism of public
figures outweighed the agency's concerns about Trump's rights. He
applied for the trademark in 2018 to use on shirts, citing among
other things remarks by Senator Marco Rubio about the size of
"certain parts of (Trump's) anatomy, such as his hands." Arguments
are scheduled for Nov. 1.
(Compiled by Andrew Chung in New York and John Kruzel and Blake
Brittain in Washington; Editing by Will Dunham)
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