WASHINGTON — The Supreme Court heads into the final month of its yearly term facing decisions on birthright citizenship, gun rights, transgender athletes and President Trump’s power over independent agencies.
Unlike in years past, the term’s most significant rulings were not left for the last week in June.
The court dealt Trump a major defeat in February by striking down his sweeping worldwide tariffs. The president is likely to suffer a second defeat when the justices reject his plan to revise the citizenship laws via an executive order.
Republicans won when the court struck down a Louisiana congressional district that favored a Black Democrat.
That decision has already shifted several congressional districts toward the GOP, but its greatest impact will be seen in 2028 and 2030.
Republicans are likely to prevail in two other pending cases.
One would free party committees to raise and spend more money to support their candidates. A second would change state laws to bar counting of mail ballots that arrive after election day.
The justices have 26 cases waiting to be decided before they go on a summer recess. Here are the major cases due for decision:
Trump and birthright citizenship
Does the 14th Amendment of 1868 mean what it says about who is a citizen?
It declares: “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.”
The Supreme Court upheld that understanding in 1898, ruling that Wong Kim Ark, who was born to Chinese parents in San Francisco, was a U.S. citizen at birth. Congress adopted birthright citizenship in the Immigration and Nationality Acts of 1940 and 1952.
But on his first day back in the White House, Trump issued an executive order to deny citizenship to the newborns of parents who in the country unlawfully or temporarily on a student, work or tourist visa.
Judges blocked the order from taking effect, and in April, the justices gave a skeptical hearing to Trump’s lawyers as the president sat in the gallery.
The best outcome for Trump would be a ruling that rejects his executive order based on U.S. immigration law alone. Although a defeat, that could in theory permit Congress to revise the law and deny citizenship to the newborns of so-called “birth tourists.” (Trump vs. Barbara)
Guns and drugs
Can the government make it a crime for “habitual users of unlawful drugs” to have a gun, or does that violate 2nd Amendment rights?
Since 1968, federal law has prohibited gun possession by anyone who is an “unlawful user of or addicted to any controlled substance.”
The 5th Circuit Court of Appeals in a Texas case struck down this provision as unconstitutional, except for someone who is “under an impairing influence” of drugs at the time of his arrest.
The Trump administration appealed and urged the Supreme Court to uphold the law against “habitual users of unlawful drugs,” including regular users of marijuana. (U.S. vs. Hemani)
In a second gun rights case, the court will decide whether Hawaii, California and three other states led by Democrats may forbid licensed gun owners from carrying a firearm into stores or private businesses open to the public unless they have the “express authorization” of the owners. (Wolford vs. Lopez)
Transgender athletes and school sports
Can states maintain separate sports teams for boys and girls “based on biological sex determined at birth” or does excluding transgender girls violate the Title IX law or the Constitution’s guarantee of equal protection?
The justices heard appeals from West Virginia and Idaho after lower courts ruled they had discriminated against transgender girls, and most of them sounded ready to rule for the states.
The only question was whether the court will rule narrowly to uphold laws in the red states or go further to decide how Title IX applies nationwide. (West Virginia vs. B.P.J. and Little vs. Hecox)
Trump and independent agencies
Can the president fire the leaders of special agencies who were given a fixed term by Congress?
For most of American history, Congress created new boards or commissions with a specific mission, such as regulating railroad rates in the 1880s or nuclear power in the 1970s. By law, these agencies are led by a bipartisan board of experts who had a fixed term and could be fired only for cause.
But Trump and the court’s conservatives believe the president has the executive authority to control the government and to fire agency officials — but with one exception. The majority wants to preserve the independence of the Federal Reserve Board. (Trump vs. Slaughter)
Separately, the court will rule on whether Trump had the power to fire Fed Governor Lisa Cook for cause. He alleged she engaged in mortgage fraud and dismissed her in a social media post. The justices blocked her removal and sounded ready to rule she deserved due process of law and a full hearing to contest the allegations. (Trump vs. Cook)
Temporary Protected Status
Can the Trump administration cancel legal protection for more than 300,000 Haitians and Syrians who are living and working in this country?
In 1990, Congress created this protected status for foreign nationals who could not return home safely because of armed conflicts or natural disasters.
The Obama administration extended protection to Haitians and Syrians. Last year, Trump’s then-Homeland Security Secretary Kristi Noem sought to terminate it, but judges blocked her orders because it was still dangerous and unsafe in those countries.
Before the Supreme Court, Trump’s lawyers argued the law forbids “judicial review” of these executive decisions. (Mullin vs. Doe)
Campaign funds and political parties
Do the 50-year-old limits on how much political party committees can raise and spend to directly support their candidates violate the 1st Amendment?
During the Watergate era, Congress adopted limits on money in political campaigns, but the court has struck down the spending limits on free speech grounds. Left standing were the limits on direct contributions to candidates, including from political parties.
Republicans led by then-Sen. JD Vance sued, arguing the party limits were outdated and unwise in an era when super PACs are free to spend huge sums on campaigns. (National Republican Senatorial Committee vs. FEC)
The court also will rule on the GOP’s bid to strike down laws in California and most states that allow for counting mail ballots that were postmarked by election day but arrive a few days later. (Watson vs. Republican National Committee)
The post Here are the big cases the Supreme Court will decide in June appeared first on Los Angeles Times.
