WASHINGTON (AP) — The Supreme Court is entering its final weeks with nearly half of the cases it has heard this year still undecided, including cases that could change the law on everything from guns to abortion to social media. More than a month after hearing arguments, the justices are also still considering whether former President Donald Trump is immune from criminal prosecution in the election interference case against him.
The court has heard 61 cases this legislative session, 29 of which are still unresolved. Some decisions are expected on Thursday and Friday.
Here is a look at some of the most crucial undecided cases:
Immunity of the President
Donald Trump argues that former presidents are immune from prosecution for their official actions and that the election interference charges against him must be dropped.
The Supreme Court has previously ruled that former presidents cannot be sued in civil cases for their official actions, but has never ruled on criminal immunity.
The timing of the decision could be as crucial as the outcome itself. Trump’s trial in Washington DC is unlikely to take place before the November election, even if the court rules that he is not immune.
6 January 2021
A former Pennsylvania police officer is challenging the legality of obstruction of justice charges brought against hundreds of people involved in the violent storming of the Capitol on January 6, 2021. Trump is facing the same accusation of obstruction of an official proceeding.
The question is whether a law designed to prevent the manipulation of documents required for investigations can be used against the rioters in the Capitol.
Abortion pill
Abortion opponents want to make it harder for pregnant women to get a medication abortion. They want the Supreme Court to roll back FDA changes that made it easier to get mifepristone, one of the two drugs used in nearly two-thirds of all abortions in the U.S. last year. They include eliminating the need for in-person visits and allowing the drug to be sent through the mail.
Since the Supreme Court overturned Roe v. Wade in 2022, most Republican-led states have severely restricted or banned abortion. The Supreme Court’s decision in this case will also affect abortion in states where it is still legal.
Emergency abortion
This year, a second abortion case is on the agenda: It concerns whether doctors can perform this medical procedure in emergency situations in states where abortion was banned after the overturning of the Roe v. Wade ruling.
In a case in Idaho, the Biden administration says abortions must be allowed in emergency situations where a woman’s health is at earnest risk.
The state argues that its strict abortion ban allows abortions to save a woman’s life and that no exceptions based on health risks are necessary.
weapons
Justices are considering whether to uphold a federal law designed to protect victims of domestic violence by withholding guns from the people who allegedly abused them. An appeals court has struck down a law banning people facing a domestic violence restraining order from owning firearms. The court found the law violated the 2nd Amendment right to “keep and bear arms,” following a 2022 Supreme Court ruling that expanded gun rights and changed the way courts should evaluate gun restrictions.
homelessness
The Supreme Court’s most significant case on homelessness in decades concerns whether people can be banned from sleeping outdoors when there is a shortage of emergency shelters.
According to a decision by an appeals court in San Francisco, this is cruel and unusual punishment.
Politicians in California and across the West say the ruling will make it harder for them to regulate the spread of homeless encampments on sidewalks and other public places.
Advocates say it would criminalize homelessness at a time when the number of people without a indefinite home has risen to record levels due to rising costs.
Accumulate shares
The Trump administration banned “bump stocks,” a weapon accessory that allows rapid fire like a machine gun, after they were used in the deadliest mass murder in newfangled U.S. history.
The ban is being challenged by a Texas gun shop owner who says the Justice Department was wrong when it reversed course and declared the machine guns illegal weapons after the 2017 Las Vegas massacre.
The Biden administration argues that the ban was the right decision after the shooting that left 60 people dead.
Chevron
The justices could overturn a 40-year-old decision that has been cited thousands of times in federal court cases and used to uphold environmental, public health, worker safety and consumer protection regulations. The decision, known colloquially as Chevron, requires judges to defer to federal regulators when the language of a law is not crystal clear. The decision has long been a target of conservative and business interests that say Chevron strips judges of their authority and gives regulators too much power.
Social Media
At the interface between social media and government, three cases are still unresolved.
Two of the cases involve social media laws in Texas and Florida that would limit how Facebook, TikTok, X, YouTube and other social media platforms regulate the content posted by their users. While the specifics vary, both bills were aimed at addressing conservative complaints that the social media companies are liberal-leaning and censor users based on their views, particularly those on the right.
In the third case, Republican-led states are suing the Biden administration over how far the federal government can go to crack down on controversial social media posts on issues like COVID-19 and election security. A federal appeals court sided with the states, finding that government officials unconstitutionally forced the platforms to restrict conservative viewpoints.
Purdue Pharma
The Supreme Court is deciding the fate of a nationwide settlement with OxyContin maker Purdue Pharma that would provide billions of dollars to fight the opioid epidemic but also provide legal protection for members of the Sackler family who own the company. The settlement has been on hold since last summer after the Supreme Court agreed to intervene.
Wealth tax
The business-backed objection to a tax on foreign earnings is being closely watched to see what it says about the fate of a wealth tax, an often-debated but never-implemented tax on the richest Americans.
Air pollution
Republican-led energy-producing states and the steel industry want the court to put the Environmental Protection Agency’s “Good Neighbor” plan to combat air pollution on hold while legal battles continue. The plan aims to protect downwind states that experience unwanted air pollution from other states.
SEC
Another major regulatory case could deprive the SEC of a key tool in the fight against securities fraud and have broad implications for other regulators. The court is expected to rule that people facing civil fraud charges have the right to a jury trial in federal court.
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