
A look at cases the Supreme Court will take up in its term
Clip: 10/3/2025 | 8m 16sVideo has Closed Captions
A look at the major cases the Supreme Court will take up in its new term
The Supreme Court begins a new term on Monday following a summer-long recess shaped by legal battles over the Trump administration’s agenda. William Brangham discussed the high-profile cases with News Hour Supreme Court analyst and SCOTUSBlog cofounder Amy Howe, and Stephen Vladeck, constitutional law professor at Georgetown University.
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A look at cases the Supreme Court will take up in its term
Clip: 10/3/2025 | 8m 16sVideo has Closed Captions
The Supreme Court begins a new term on Monday following a summer-long recess shaped by legal battles over the Trump administration’s agenda. William Brangham discussed the high-profile cases with News Hour Supreme Court analyst and SCOTUSBlog cofounder Amy Howe, and Stephen Vladeck, constitutional law professor at Georgetown University.
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Learn Moreabout PBS online sponsorshipGEOFF BENNETT: On Monday, the U.S.
Supreme# Court begins a new term following a summerlong## recess shaped by legal battles over the# Trump administration's policy agenda.
William Brangham has a preview of what's to come.
WILLIAM BRANGHAM: That's right, Geoff.# Cases are still being added to the docket,## as the justices said today they will hear a# challenge to a Hawaii law that regulates where## people can carry guns.
The High Court is also# set to hear a case involving the president's## tariff policies and will rule on major issues# like election maps, LGBTQ rights and abortion.
Joining us to break it all down is "News Hour"# Supreme Court analyst and SCOTUSblog co-founder## Amy Howe and Steve Vladeck, constitutional# law professor at Georgetown University.
So nice to see you both.
Thanks for being here.
Steve, officially, the term starts# Monday, but it has been a very,## very busy summer.
The justices have# been issuing rulings on the shadow## docket.
Remind us what they have# done vis-a-vis this administration.
STEVE VLADECK, Georgetown University# Law Center: Gosh, how long do we have?
I mean, just about two hours ago,# as we're sitting here, the c.. the latest, the 23rd consecutive ruling for# President Trump granting emergency relief,## this one clearing the way for Secretary# Noem to cancel something called temporary## protected status for Venezuelan migrants.
We have seen rulings clearing the way for the# elimination of transgender service members,## clearing the way for the firing of# all kinds of senior federal officers,## Department of Education employees, for# the pocket rescissions of $4 billion## of foreign aid funding.
I mean,# it's really a stunning list... WILLIAM BRANGHAM: Right.
STEVE VLADECK: ..... unexplained orders, has let the# Trump administration to continue,## and it's carried all the way up to this afternoon.
WILLIAM BRANGHAM: And, starting on# Monday, when the term actually begins,## there will be some other major cases that they're# ruling on with regards to the administration,## the president's tariff policies, whether he# can fire Lisa Cook from the Federal Reserve.
What is at stake here for this administration?
AMY HOWE: These are both really core parts# of the president's agenda.
The language in## some of the briefs filed by John Sauer, who's# the solicitor general and the president's top## lawyer at the Supreme Court, in the tariffs case# is -- is in some ways really kind of remarkable.
There's language, and I'm# not quoting verbatim here,## but along the lines of how the tariffs# and the negotiations that follow as a## result of the tariffs have pulled the American# economy back from the precipice.
And so it's## really -- this is an issue that is really# important to the president and his agenda.
And then, in the case of Lisa Cook, and this is# the member of the Fed's Board of Governors, Trump## has tried to fire her, he says for cause, which# he says was -- relates to mortgage fraud that she## allegedly committed before becoming a governor.# She's pushed back against those allegations.
He## has long criticized the Fed since he's been in# office for failing to reduce interest rates, but## then also it goes to the broader power to be able# to fire the members of these independent agencies.
He's also tried -- had more success in firing# Rebecca Slaughter, who's one of the members## of the Federal Trade Commission, and the# Supreme Court will hear her case as well.
WILLIAM BRANGHAM: Steve, as you said,# the president had racked up quite a few## successes before the court.
Coming into# this term, do you have a sense -- maybe## it's self-evident in what you were describing# before -- as to what kind of check the court## is willing to put on a president who seems# to really want to flex his executive muscle?
STEVE VLADECK: I mean,# William, this is the question.
And I think, if you look at the# pattern of cases going back to.. the only real example we have of# this court pushing back against## the Trump administration was that Alien# Enemies Act case from Texas in April.
What was different about that case?# I think the only real difference was,## there, it wasn't that President Trump was defying# a lower court.
It wasn't that President Trump was## defying Congress.
It was that President Trump# was on the verge of defying the Supreme Court.## And so the pattern really seems to be that the# justices will zealously guard their authority,## even as they're not going to go out of their way# to protect lower courts who are working night and## day in these cases, to protect Congress'# prerogatives in the cases Amy mentioned.
I think the question is, how much# is that pattern going to continue## as these merits cases become more and# more a part of the justices' work?
WILLIAM BRANGHAM: Amy, there's also a# continuing trend of the court weighing## in on LGBTQ cases.
And there's -- one# of the first cases they will hear next## week is -- deals with this a ban on# what's called conversion therapy.
Tell us what's at stake in that case.
AMY HOWE: So this is a case about Colorado's# ban, as you say, on conversion therapy,## which is therapy intended to change someone's# sexual orientation or gender identity.
And Colorado and I think more than 20# other states have similar laws, and... WILLIAM BRANGHAM: Saying that# you can't do that therapy.
AMY HOWE: You can't do this kind of therapy.
And Colorado says, we enacted this ban because# there is evidence that shows that such therapy## is ineffective and it's harmful.
It can lead# to depression and anxiety and even suicide.
And## Colorado says, when we are regulating conversion# therapy, we are regulating medical treatment.
The plaintiff in the case is a woman named# Kaley Chiles, who is a professional counselor## and also a practicing Christian.
And# she says what they're doing here is,## they're regulating my speech, because# all I do is talk therapy.
And so that's## this issue of what is speech and what is# conduct, but this is also the latest in a## series of cases involving religious# people and speech and LGBTQ people.
We had two cases earlier involving the man who# didn't want to make a cake for same-sex weddings,## the woman who didn't want to make a Web site# for same-sex marriages.
And that was -- they## felt that they were being compelled to# speak.
This is a woman who wants to speak,## and the state, she says, is# telling her that she can't.
WILLIAM BRANGHAM: Steve, it is Chief Justice# John Roberts' 20th anniversary on the court,## and he has had some competing inspirations for## how he wants to run that court.
How do# you see him handling this coming term?
STEVE VLADECK: Sure.
I mean,# I think it's a dominant role.
This is John Roberts' court, and that's# true not just in name.
It's true I think## behind the scenes as well.
You look# at the voting patterns in the most## important cases the courts decide# in, in the Trump-related cases,## he's very seldom in dissent.
And I think# that's especially true when the court splits## ideologically.
It's going to come down to where# the chief justice is, where Amy Coney Barrett is.
And that really is complicated,# because you have John Roberts,## who is a staunch defender of executive# power, who probably is OK with a lot of## the legal theories animating at least# some of President Trump's actions,## versus John Roberts the institutionalist, who# cares deeply about how the Supreme Court is## perceived, who wants the courts to still be# venerated in the years and decades to come.
I think this term is going to be very much# a referendum on him, and how he behaves,## I think, will be very much the answer# to where we are a year from now.
WILLIAM BRANGHAM: And, Amy, how do you# see him coming down on that, champion## of a vigorous executive or someone who doesn't# want his court to be seen as a partisan actor?
AMY HOWE: I think he will lean more# -- he was someone who worked in the## White House as a young lawyer and# worked in the Department of Justice.## I think he leans more toward executive# power.
There's always the conventional## wisdom that he is an institutionalist# and cares about the Supreme Court.
But I do think, when push comes to shove, so# to speak, he's more likely to be on the side## of executive power.
I think that this# court will generally continue to move## to the right.
I think that there may be cases# this term -- we have not talked, for example,## about one case that is not yet on the docket# officially, but almost certainly will be.
And## that's the challenge to the constitutionality of# the president's order on birthright citizenship.
And all of the courts# that have considered that the## order have overwhelmingly ruled that# it is unconstitutional so far.
So,## that seems like one in which perhaps the Trump# administration may not prevail or it may be close.
But, in general, I think that the court# will continue to move to the right.
WILLIAM BRANGHAM: All right, Amy Howe, Steve# Vladeck, so good to see you both.
Thank you.
AMY HOWE: Thank you.
STEVE VLADECK: Thank you.
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