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6 things to watch in the Supreme Court’s new term

October 5, 2026
in News
6 things to watch in the Supreme Court’s new term

The Supreme Court kicks off a new term Monday that could significantly shift the law on guns, religion and immigration.

The court may take up additional cases involving a range of controversial policies by President Donald Trump. And it could load up on other big constitutional issues, such as a Texas law that requires the Ten Commandments to be posted in public school classrooms.

Also be on the lookout for potential retirements by Republican-appointed justices, and for a push by Democratic lawmakers to implement changes to the Supreme Court. Both may depend on how the midterms shake out.

Oyez, oyez, oyez. Here’s what you should know as the new term begins.

1. Trump’s immigration policies face more tests

Last week the justices agreed to review two major Trump immigration policies in cases that could turn into blockbusters.

One involves the legality of sending noncitizens to “third countries” where they are not citizens — a policy the court has allowed to continue as it decides the case. The second centers on Trump’s mandatory detention policy for immigrants awaiting removal proceedings. Both have been critical to Trump’s sweeping immigration crackdown.

Other Trump policies that could land on the docket: the president’s ban on transgender people serving in the military and the administration’s maneuvers to install loyalists to U.S. attorneys offices while bypassing the Senate confirmation process. The legality of Trump’s newest round of tariffs and his renewed push to limit birthright citizenship could also return to the high court.

2. The court could become enmeshed in the midterms

The stakes are high for November’s midterm elections, which will determine control of the House and Senate. Voters will decide races at the ballot box, but the Supreme Court could play a notable role, too.

The Supreme Court has already decided a flurry of cases related to voting and the election in the run-up to November, some dealing with the Trump administration’s aggressive efforts to restrict voting.

Given Trump’s penchant for claiming voter fraud, it’s a good bet that challenges will roll in as the ballots are counted, particularly in closely contested elections.

Democratic attorneys general in about 20 states have already been war-gaming on how to respond if federal agents are sent to polling places or voters are blocked from voting. Any fights could go up to the Supreme Court.

3. Another landmark test on guns

The Supreme Court in recent years has transformed few areas of law as much as gun rights. This term brings the next major chapter in that fight: whether states can ban AR-15-style semiautomatic rifles.

The fight is significant legally, but also culturally. The AR-15 has become a symbol of Second Amendment rights for some gun enthusiasts, and a target for those who want stricter gun controls because that type of firearm has been used in so many mass killings.

The Supreme Court will weigh restrictions on semiautomatic rifles in Illinois and Connecticut, which are being challenged by gun owners and gun rights groups. The Connecticut law was passed in the wake of the 2012 mass shooting at Sandy Hook Elementary, where a gunman killed 20 children and six school staff members.

In recent terms, the conservative majority has greatly loosened restrictions on firearms, most notably in a 2022 case that struck down a New York law requiring a license to carry a firearm in public. That decision, New York State Pistol and Rifle Association, Inc. v. Bruen, found that any gun restrictions must have roots in the nation’s history and traditions.

4. The expansion — and limits — of religious rights

The justices have accepted multiple cases for this term brought by religious groups. One has attracted particular attention: St. Mary Catholic Parish v. Roy. It involves a Catholic preschool in Colorado that says it is being unfairly excluded from a state prekindergarten program because it does not admit children of gay and transgender parents.

The high court led by Chief Justice John G. Roberts Jr. has generally ruled in favor of religious plaintiffs in such cases, and experts say St. Mary has a good chance of winning.

The court is also widely expected to take up a case involving a Texas law that requires all public school classrooms to display the Ten Commandments. The case challenges a 46-year-old precedent holding that such displays of religious content in public schools violate the separation of church and state.

5. Will a justice retire? It can’t be ruled out.

Rumors swirled for months earlier this year that Samuel A. Alito Jr. might retire, before the conservative justice knocked down the talk in an interview with the Wall Street Journal in August. Still, speculation could soon flare again.

With the midterm elections in November, Democrats have an opportunity to take control of the Senate, which must confirm any nominee to the high court. If Democrats triumph, that means Trump’s last opportunity to get a nominee through a Republican-controlled Senate will be during the lame-duck period between November and January.

A Republican shellacking in November could put pressure on Alito, 76, or Clarence Thomas, 78, the other older conservative, to step aside for a younger nominee.

Many court watchers do not expect Thomas to retire because he has a chance to become the longest-serving justice in the history of the court if he remains on the bench through May 2028. So all eyes will be on Alito.

6. A push to overhaul the Supreme Court

Democrats have pledged to overhaul the high court should they take control of Congress. They have already introduced a slew of proposals, including imposing term limits on the justices, increasing the number seats on the bench from nine to 13, and creating an enforceable code of ethics.

Those efforts might still be a long shot unless the filibuster is eliminated. Otherwise, any proposal would require 60 votes in the Senate, which is highly unlikely. Still, the efforts reflect record dissatisfaction with the high court — especially among liberals — and Democrats have said any proposal is fair game.

The post 6 things to watch in the Supreme Court’s new term appeared first on Washington Post.

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