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The five cases to watch before the United States Supreme Court

 



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A new nine-month term begins Monday for the U.S. Supreme Court with major cases that will shape many aspects of American life.

The court's nine justices are returning after last year's blockbuster term, which saw rulings protecting a widely used abortion pill or granting former President Donald Trump partial immunity from prosecution.

The coming months could be marked by legal disputes over the impending presidential elections, which could impact what is expected to be a hotly contested contest.

With his six-to-three conservative majority intact, his decisions could fuel more skepticism among the American public whose approval of his job is now at 43 percent, according to Gallup, a near-record low.

As a new year approaches, here's a look at some of the top cases on his docket.

Transgender Care in Tennessee

Perhaps the highest-profile case this term will be United States v. Skrmetti, where the justices will hear the Biden administration's challenge to a Republican-backed ban on gender protections for minors.

The American Medical Association, American Academy of Pediatrics, and American Psychiatric Association, among others, support evidence-based treatment for transgender people.

Tennessee's ban, which took effect in July 2023, prohibits certain gender transition treatments for minors with gender dysphoria, including prescribing puberty blockers or hormones, if the treatment is intended to “enable a minor to identify with, or experience as, a purported identity inconsistent with the minor's sex” or address “alleged discomfort or distress resulting from a mismatch between the minor's sex and the claimed identity.”

A group of transgender youth, their families and medical providers joined the Biden administration in challenging a ruling by the U.S. Court of Appeals for the Sixth Circuit that upheld Tennessee's ban.

The Supreme Court's nine justices will be asked to determine whether the ban violates the 14th Amendment to the U.S. Constitution, which grants equal protection under the law.

The decision could have national consequences. More than 20 states have passed laws in recent years to restrict access to tailored care for transgender youth.

Ghost Weapons

On its second day in office, the Supreme Court will hear a challenge to a new regulation from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) on so-called “ghost guns,” the mostly untraceable firearms manufactured from firearms and explosives. home kits.

The case Garland v. VanDerStok focuses on whether the ATF can regulate these weapons in the same way it regulates commercial gun sales, including serial numbers and federal background checks.

The Biden administration first imposed the restrictions in 2022, but was quickly blocked by a lower court, which sided with a group of gun owners, rights groups firearms and gun manufacturers who argued the ATF overstepped its authority.

Ghost Weapons are untraceable weapons that look, feel, and fire like normal weapons.

The Justice Department then appealed, bringing the case to the country's highest court.

This case could have major implications for gun control in the United States. The White House has said unregistered guns pose a growing threat, with 20,000 suspected ghost guns discovered during criminal investigations in 2021, a tenfold increase from five years earlier.

Use of force in deadly shootings

The highest court will also hear a case to clarify how courts can determine whether a police officer acted with reasonable force.

A three-judge panel of the Fifth Circuit ruled this year that a Texas police officer reasonably feared for his life when he shot a driver during a traffic stop in Houston in 2016.

Ashtian Barnes was driving a vehicle rented by his girlfriend with unpaid toll fees when Officer Roberto Felix Jr stopped him. Mr. Barnes first stopped and opened his trunk, then began to drive away. Officer Felix jumped on the vehicle and fired two shots into the car, according to dashcam footage. A bullet hit Mr. Barnes in the head and he died.

Mr. Barness mother, Janice Hughes Barnes, filed a lawsuit on behalf of her son, arguing that the deadly use of force against her son was unreasonable and violated his Fourth Amendment rights, which protect people from harm. unreasonable searches and seizures by the government.

The justices found that Officer Felix behaved reasonably under the Fourth Amendment's “moment of threat” doctrine, which asks whether the officer was in danger at the time he used force. Under this standard, the agent's actions up to that point are not taken into account.

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Janice Hughes Barnes argued that the force used against her son was unconstitutional

One of the panel's judges, Justice Patrick Higginbotham, wrote a concurring opinion expressing frustration with the test and asked the Supreme Court to intervene.

If he had been allowed to consider “the totality of the circumstances,” Judge Higginbotham said, he would have concluded that the officer had violated Mr. Barnes’s Fourth Amendment rights.

Age restrictions for online pornography

Although no date has yet been set for that case, the Supreme Court justices will at some point this legislature consider an adult entertainment industry challenge to a Texas law requiring that sites Pornographic websites verify the age of their users.

The law requires porn sites with a third of their content harmful to minors to use age verification measures to ensure that all visitors are 18 years or older.

It also requires sites to post health warnings, saying pornography is addictive, harms development and increases the demand for child exploitation, the industry disputes.

Several other US states, including Arkansas, Louisiana, Montana and North Carolina, require certain websites to verify the age of visitors.

The Free Speech Coalition, which represents the porn industry, challenged the law, saying it violates the First Amendment's protection of free speech.

The challenge ended up in federal district court, but that decision was overturned on appeal by a panel of the Fifth Circuit.

The ruling could have broad implications for First Amendment protections, possibly upending the previous ruling that adults' free speech rights outweighed possible harm to minors.

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