The US Supreme Court embarks on its new term on Monday in the midst of a contentious presidential race and a docket filled with potentially divisive cases.
What Happened: The court is reconvening three months after handing down a series of significant decisions. Although the current docket seems less heated, it encompasses disputes over ghost guns and healthcare for transgender youth.
The ongoing election between former President Donald Trump and Vice President Kamala Harris, which remains too close to predict, could potentially draw the court into a polarizing conflict, reports Bloomberg.
Rick Hasen, an election-law expert from UCLA School of Law, told the outlet, “I think the court would rather not be in the position of determining the outcome of the election.”
"If it's so close that it turns on just a single state that is very close, then I think we'd see a repeat of Bush v. Gore. But that is not a likely occurrence, just based on the odds," Hasen added.
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The court has already dismissed requests to include Green Party candidate Jill Stein on the Nevada ballot and to reinstate independent Robert F. Kennedy Jr. on the New York ballot, despite his suspended candidacy.
Larger disputes may emerge over mail-in ballot regulations and state certification of election results.
Why It Matters: The court’s involvement in a major election case could test its conservative-majority standing, which has been affected by ethical controversies and divisive rulings. A poll conducted by Marquette Law School in August revealed a 43% approval and 57% disapproval rating of the court.
High-profile pending cases include the Biden administration’s challenge to a Tennessee law that bans puberty blockers and hormone therapy for transgender children. The outcome of the election could sway these cases, as a Trump win might result in the withdrawal of the federal government’s appeal.
Other cases involve a dispute over a 2022 Biden administration rule that treats build-at-home “ghost gun” kits the same as fully assembled firearms. The court’s prior ruling on a similar case may hint at its approach to this one.
The court will continue to add cases for the term until mid-January, potentially revisiting Trump’s bid for immunity from criminal prosecution over his efforts to overturn his 2020 election loss.
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This content was partially produced with the help of Benzinga Neuro and was reviewed and published by Benzinga editors.
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