Gun, transgender rights and pornography cases loom as U.S. Supreme Court returns

The first big story comes Tuesday amid arguments over “ghost guns.” Examination of ethics scandals and internal leaks continues. Divisions within the courts are deepening, reflecting national divides. its timeline — involving guns, transgender rights, online pornography and more — and with the possibility of facing legal disputes that could arise from the Nov. 5 presidential election. The court, whose 6-3 conservative majority continues to shift U.S. law to the right on a range of issues, just completed another blockbuster term capped by its controversial July 1 decision granting Donald Trump broad immunity against criminal prosecution for numerous actions taken during his presidency.

Judges return from their summer vacation under intense scrutiny from many politicians and the public, not only because of their court decisions, but also because of simmering ethics scandals, unresolved leaks of confidential information and some public differences between them.

“Something seems broken,” Lisa Blatt, a lawyer who frequently argues in court, said at an event in Washington on Tuesday. “Some of them up there – at the oral arguments when I see them – seem visibly frustrated.”

The first big case before the court will be Tuesday, when it will hear arguments involving largely untraceable, home-assembled firearms known as “ghost guns.” President Joe Biden's administration has appealed a lower court's ruling that the federal Bureau of Alcohol, Tobacco, Firearms and Explosives exceeded its authority by issuing a 2022 regulation intended to bring these weapons under control, which law enforcement officials say are routinely used in crimes nationwide. Among other cases, the justices are scheduled to hear the administration's challenge to a Republican-backed Tennessee ban on gender-affirming medical care for transgender minors, upheld by a lower court. Republican-backed Texas law that requires pornographic websites to verify the age of users in an effort to limit access to minors. Arguments are also due in the U.S. Food and Drug Administration's defense of its rejection of two companies' applications to sell flavored vaping products that it says pose health risks to young consumers.

The dates of the hearings have not yet been announced in these three cases.

DEEPENING DIVISIONS The ruling on Trump's immunity appears to deepen divisions within the Court, reflecting ideological divides in a divided United States.

“I was concerned about a system that seemed to grant immunity to a person in certain circumstances, when we have a criminal justice system that usually treated everyone the same,” said liberal Justice Ketanji Brown Jackson at CBS in August.

Some liberal justices have already publicly expressed doubts about the court's direction following the conservative majority's 2022 decisions overturning Roe v. Wade in 1973, which legalized abortion nationwide and expanded gun rights. These comments prompted conservative judges to react, including Samuel Alito.

Geoffrey Stone, a law professor at the University of Chicago, said the current increased scrutiny of the Court stems from “questionable behavior by some justices in terms of accepting gifts, and the highly problematic approach of justices appointed by Republicans in matters of constitutional interpretation.

The Court's majority, Stone said, “continues to impose politically conservative values ​​in its interpretation of the Constitution.”

Others reject the idea of ​​a court as politicized or corrupt.

“I think a lot of these arguments are made in bad faith by people who simply don't agree with the substance of the Court's decisions,” said Washington attorney William Jay, who also argued before the Supreme Court.

Trump is the Republican nominee against his Democratic rival Kamala Harris in the November election. After losing to his Democratic opponent Biden in 2020, Trump made false claims of widespread voter fraud, as he and his allies pursued numerous legal challenges.

The justices declined to consider those challenges, but could be called again in the coming months to settle election disputes — an area Jay said they would prefer to avoid.

“I think they are all of the same opinion that it would not be desirable for the court to have to resolve the election case,” Jay said. “But at the same time, we only have one Supreme Court, and there is really only one body that can definitively decide a case that could have very high stakes.”

Since last year, media outlets have documented the failure of some justices, including conservatives Clarence Thomas and Alito, to publicly disclose private jet trips and other gifts from wealthy benefactors. Under fire from some Democrats and other critics, the court announced its first code last year. of conduct for judges, although it lacked an enforcement mechanism. Jackson and fellow liberal Justice Elena Kagan have both expressed support for adding such a mechanism in recent months. Biden in July proposed an 18-year term limit for judges, who are currently appointed for life, as well as a binding code of conduct. Republican opposition left his reforms with little chance of being adopted.

Confidentiality and trust among the justices have also been tested, first by the leak of a draft 2022 abortion decision and then in September when the New York Times published details of notes Internal Affairs Concerning Trump's Immunity Request.

Blatt called the latest leak “simply shocking,” suggesting there may be a feeling “that the ends justify the means.” But it’s not good.”

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Reporting by Andrew Chung in New York; Editing by Will Dunham

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