These are the decisions to watch for during the Supreme Court’s final month – WBAL Baltimore
The Supreme Court is staring at its self-imposed end-of-June deadline, but the justices have not yet released some of the most significant opinions of the term, including a challenge to the Affordable Care Act, the Voting Rights Act and a case on religious liberty involving a Philadelphia foster agency.Recent weeks have seen justices clear their desks of those opinions that produce fewer divisions, as the tension grows for the big-ticket cases.At the same time, eyes are on any retirement plans of Justice Stephen Breyer, 82. His departure would allow President Joe Biden and Senate Democrats to replace him with a much younger liberal. Justices have often announced their retirements at the end of a term. Here's what the court has on its docket:Obamacare (again)Republican-led states aided by the former Trump administration are trying to get the court to invalidate the entire Affordable Care Act, former President Barack Obama's most significant legislative achievement.The case marks the third time the court heard a significant challenge to the 2010 law, although the stakes are heightened given the implications of COVID-19, the catastrophic deaths and the current burdens facing the health care industry.As things stand, Texas and other Republican-led states are challenging the law and California and other Democratic-led states, the House of Representatives and the Biden administration support the law.In one of his first acts as president, Biden informed the court that his government was reversing the position taken by the Trump administration. The Department of Justice now argues that even if the individual mandate is constitutional and that even if the court finds otherwise, it should sever the mandate and allow every other provision to stand.Religious liberty, LGBTQ rights and a Philadelphia foster agencyAt issue is a major dispute pitting claims of religious liberty against the LGBTQ community. It comes as the new conservative majority has moved aggressively to protect rights under the Free Exercise Clause of the Constitution.In the case heard in early November, Philadelphia froze the contract of a Catholic foster agency because the agency refused to work with same-sex couples as potential foster parents. The agency, Catholic Social Services, sued under the First Amendment.Philadelphia defended its action, saying the agency violated anti-discrimination laws that are neutral and applicable to everyone.Supporters of LGBTQ rights support the city, arguing it was within its rights to freeze the contract to an organization receiving taxpayer funds and turning away same-sex couples. They fear that a decision in favor of CSS would clear the way for religious organizations to get exemptions from non-discrimination laws in other contexts.Supporters of expanding religious liberty rights hope the court's conservative majority, expanding upon a trend from last term, will continue to hold the government to a higher standard when it comes to regulations that impact religious believers.Arizona voting rights lawThe Supreme Court is considering two provisions of Arizona law that the Democratic National Committee says violate the historic Voting Rights Act that prohibits laws that result in racial discrimination.One part of the state law requires that in-person Election Day voters cast their votes in their assigned precinct. Another provision says that only certain persons family, caregivers, mail carriers and elections officials may deliver another person's completed ballot to the polling place.Eight years ago, Chief Justice John Roberts wrote the 5-4 majority opinion in Shelby County v. Holder, effectively gutting Section 5 of the Voting Rights Act, a provision that required states with a history of discrimination to obtain the permission of the federal government or the courts before enacting new laws related to voting.Since that decision, challengers to voting restrictions have increasingly turned to Section 2 of the law, that holds that no voting regulation can be imposed that "results in a denial or abridgment of the right of any citizen of the United States to vote on account of race or color." Democrats fear the new conservative majority on the court will now weaken Section 2.The case comes as Republican state legislators across the country are also moving at a fast clip to pass laws to restrict voting access.Fourth Amendment: Warrants when in 'hot pursuit'The justices are considering a case about when a police officer needs a warrant to enter the sanctity of an individual's home. In general, in such circumstances a warrant is required, although the Supreme Court has held that under certain exigent circumstances, a warrant is not required.If, for example, an officer is in "hot pursuit" of a driver or if emergency aid is needed a warrant is not always necessary.The case at hand explores whether a categorical exception to a warrant holds up if the officer thinks the person he is following in "hot pursuit" committed a less serious offense: a misdemeanor. It's the first time the justices have looked at the scope of the "hot pursuit" doctrine when it comes to a minor violation.NCAA amateur rulesThe case offers the Supreme Court the opportunity for the first time in decades to examine the relationship between NCAA spending limits and student-athletes who are seeking compensation for their talents.At issue is a lower court ruling that struck down spending caps for "education related benefits" because, the court held, they violated antitrust laws. The NCAA is asking the Supreme Court to reverse the decision arguing that it is going to allow money to pour into the system under the guise of "education" which will destroy the distinction between amateur and pro sports. A lawyer for a class of students said the lower court got it right, and worried about the exploitation of students.Union organizingThe Supreme Court is again considering the power of union organizers in a case that pits agriculture businesses and privacy rights advocates against big labor and raises questions of when the government can allow access to private property without compensation. A ruling against the union position in the case would come after the Supreme Court in 2018 dealt a blow to the funding of public-sector unions.The case is brought by agricultural growers challenging a California state law that allows union organizers onto their property to speak to workers unannounced. They say it amounts to a government "taking" of the land without just compensation.The Biden administration is supporting the union's position, a change from the Trump administration, which had backed the employers.Dark moneyConservative non-profits Americans for Prosperity (a Koch-affiliated group) and the Thomas More Law Center are challenging a California law that requires charitable organizations that solicit donations to disclose a list of their contributors to the state attorney general.The groups say they want to keep their donors secret and that the state has not shown a compelling reason for the law. They argue that the law will chill contributors from coming forward for fear of harassment in violation of the First Amendment. Although the information is supposed to be confidential, the groups say that the state may make inadvertent disclosures.In response, California argues that the groups already have to file the same data with the IRS and the state needs the information as it tries to combat fraud related to charities. Three other states New York, New Jersey and Hawaii have similar laws.The case is being closely watched by those who fear it could lead to more anonymous "Dark Money" flowing into the system."The nonprofits are asking the Supreme Court to make it harder for the government to require the disclosure of donor information," said Lloyd Hitoshi Mayer, an expert on campaign finance at Notre Dame Law School. "While the case is about a state Attorney General asking for this information, if the Supreme Court raised the bar here, that would likely also apply to election donor disclosure laws down the road."Cheerleader and off-campus speechThe justices are looking at a First Amendment case concerning the authority of public school officials to discipline students for what they say outside of school.Then-junior varsity cheerleader Brandi Levy, who didn't make the varsity squad lashed out on social media while she was off campus, writing, " school softball cheer everything." The words were accompanied by a picture of her giving a middle-digit salute.After the outburst, the girl was suspended from the squad as having violated team and school rules. Lawyers for the girl sued alleging the school had violated her freedom of speech. The girl won in the lower courts that held that school could not remove her for off-campus speech. According to the court of appeals, she did not "waive her First Amendment rights as a condition of joining the team."Back in 1969, the Supreme Court held that public school officials could regulate speech that would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school." But that decision concerned speech at school."Empowering public school officials to censor what students say when they are outside of school would be an epic restriction of young people's freedom of expression," said Witold Walczak of the ACLU, defending the student.The Biden administration has weighed in in favor of the school arguing that there is some speech, that "intentionally targets specific school functions" that warrant discipline even if it occurs off campus.
The Supreme Court is staring at its self-imposed end-of-June deadline, but the justices have not yet released some of the most significant opinions of the term, including a challenge to the Affordable Care Act, the Voting Rights Act and a case on religious liberty involving a Philadelphia foster agency.
Recent weeks have seen justices clear their desks of those opinions that produce fewer divisions, as the tension grows for the big-ticket cases.
At the same time, eyes are on any retirement plans of Justice Stephen Breyer, 82. His departure would allow President Joe Biden and Senate Democrats to replace him with a much younger liberal. Justices have often announced their retirements at the end of a term.
Here's what the court has on its docket:
Republican-led states aided by the former Trump administration are trying to get the court to invalidate the entire Affordable Care Act, former President Barack Obama's most significant legislative achievement.
The case marks the third time the court heard a significant challenge to the 2010 law, although the stakes are heightened given the implications of COVID-19, the catastrophic deaths and the current burdens facing the health care industry.
As things stand, Texas and other Republican-led states are challenging the law and California and other Democratic-led states, the House of Representatives and the Biden administration support the law.
In one of his first acts as president, Biden informed the court that his government was reversing the position taken by the Trump administration. The Department of Justice now argues that even if the individual mandate is constitutional and that even if the court finds otherwise, it should sever the mandate and allow every other provision to stand.
At issue is a major dispute pitting claims of religious liberty against the LGBTQ community. It comes as the new conservative majority has moved aggressively to protect rights under the Free Exercise Clause of the Constitution.
In the case heard in early November, Philadelphia froze the contract of a Catholic foster agency because the agency refused to work with same-sex couples as potential foster parents. The agency, Catholic Social Services, sued under the First Amendment.
Philadelphia defended its action, saying the agency violated anti-discrimination laws that are neutral and applicable to everyone.
Supporters of LGBTQ rights support the city, arguing it was within its rights to freeze the contract to an organization receiving taxpayer funds and turning away same-sex couples. They fear that a decision in favor of CSS would clear the way for religious organizations to get exemptions from non-discrimination laws in other contexts.
Supporters of expanding religious liberty rights hope the court's conservative majority, expanding upon a trend from last term, will continue to hold the government to a higher standard when it comes to regulations that impact religious believers.
The Supreme Court is considering two provisions of Arizona law that the Democratic National Committee says violate the historic Voting Rights Act that prohibits laws that result in racial discrimination.
One part of the state law requires that in-person Election Day voters cast their votes in their assigned precinct. Another provision says that only certain persons family, caregivers, mail carriers and elections officials may deliver another person's completed ballot to the polling place.
Eight years ago, Chief Justice John Roberts wrote the 5-4 majority opinion in Shelby County v. Holder, effectively gutting Section 5 of the Voting Rights Act, a provision that required states with a history of discrimination to obtain the permission of the federal government or the courts before enacting new laws related to voting.
Since that decision, challengers to voting restrictions have increasingly turned to Section 2 of the law, that holds that no voting regulation can be imposed that "results in a denial or abridgment of the right of any citizen of the United States to vote on account of race or color." Democrats fear the new conservative majority on the court will now weaken Section 2.
The case comes as Republican state legislators across the country are also moving at a fast clip to pass laws to restrict voting access.
The justices are considering a case about when a police officer needs a warrant to enter the sanctity of an individual's home. In general, in such circumstances a warrant is required, although the Supreme Court has held that under certain exigent circumstances, a warrant is not required.
If, for example, an officer is in "hot pursuit" of a driver or if emergency aid is needed a warrant is not always necessary.
The case at hand explores whether a categorical exception to a warrant holds up if the officer thinks the person he is following in "hot pursuit" committed a less serious offense: a misdemeanor. It's the first time the justices have looked at the scope of the "hot pursuit" doctrine when it comes to a minor violation.
The case offers the Supreme Court the opportunity for the first time in decades to examine the relationship between NCAA spending limits and student-athletes who are seeking compensation for their talents.
At issue is a lower court ruling that struck down spending caps for "education related benefits" because, the court held, they violated antitrust laws. The NCAA is asking the Supreme Court to reverse the decision arguing that it is going to allow money to pour into the system under the guise of "education" which will destroy the distinction between amateur and pro sports. A lawyer for a class of students said the lower court got it right, and worried about the exploitation of students.
The Supreme Court is again considering the power of union organizers in a case that pits agriculture businesses and privacy rights advocates against big labor and raises questions of when the government can allow access to private property without compensation. A ruling against the union position in the case would come after the Supreme Court in 2018 dealt a blow to the funding of public-sector unions.
The case is brought by agricultural growers challenging a California state law that allows union organizers onto their property to speak to workers unannounced. They say it amounts to a government "taking" of the land without just compensation.
The Biden administration is supporting the union's position, a change from the Trump administration, which had backed the employers.
Conservative non-profits Americans for Prosperity (a Koch-affiliated group) and the Thomas More Law Center are challenging a California law that requires charitable organizations that solicit donations to disclose a list of their contributors to the state attorney general.
The groups say they want to keep their donors secret and that the state has not shown a compelling reason for the law. They argue that the law will chill contributors from coming forward for fear of harassment in violation of the First Amendment. Although the information is supposed to be confidential, the groups say that the state may make inadvertent disclosures.
In response, California argues that the groups already have to file the same data with the IRS and the state needs the information as it tries to combat fraud related to charities. Three other states New York, New Jersey and Hawaii have similar laws.
The case is being closely watched by those who fear it could lead to more anonymous "Dark Money" flowing into the system.
"The nonprofits are asking the Supreme Court to make it harder for the government to require the disclosure of donor information," said Lloyd Hitoshi Mayer, an expert on campaign finance at Notre Dame Law School. "While the case is about a state Attorney General asking for this information, if the Supreme Court raised the bar here, that would likely also apply to election donor disclosure laws down the road."
The justices are looking at a First Amendment case concerning the authority of public school officials to discipline students for what they say outside of school.
Then-junior varsity cheerleader Brandi Levy, who didn't make the varsity squad lashed out on social media while she was off campus, writing, "[expletive] school [expletive] softball [expletive] cheer [expletive] everything." The words were accompanied by a picture of her giving a middle-digit salute.
After the outburst, the girl was suspended from the squad as having violated team and school rules. Lawyers for the girl sued alleging the school had violated her freedom of speech. The girl won in the lower courts that held that school could not remove her for off-campus speech. According to the court of appeals, she did not "waive her First Amendment rights as a condition of joining the team."
Back in 1969, the Supreme Court held that public school officials could regulate speech that would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school." But that decision concerned speech at school.
"Empowering public school officials to censor what students say when they are outside of school would be an epic restriction of young people's freedom of expression," said Witold Walczak of the ACLU, defending the student.
The Biden administration has weighed in in favor of the school arguing that there is some speech, that "intentionally targets specific school functions" that warrant discipline even if it occurs off campus.
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These are the decisions to watch for during the Supreme Court's final month - WBAL Baltimore
- Man sues Kingsport, police over 2022 arrest, claims First Amendment rights violation - WJHL - September 24th, 2026 [September 24th, 2026]
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- CNN, Politico, MS NOW Sue Trump Administration Over White House Access: First Amendment Analysis - Freedom Forum - September 24th, 2026 [September 24th, 2026]
- 251. Newsgathering, the First Amendment, and the White House - One First | Steve Vladeck | Substack - September 24th, 2026 [September 24th, 2026]
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- Californias Addictive Feeds Law Violates Teens First Amendment Rights - eff.org - September 24th, 2026 [September 24th, 2026]
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- Trump has not beaten the First Amendment, try as he might - The Seattle Times - September 24th, 2026 [September 24th, 2026]
- EDITORIAL: President Violates the First Amendment, Mainstream Publications Get a Taste of What the Black Press Has Long Experienced Exclusion - The... - September 24th, 2026 [September 24th, 2026]
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- Detroit Free Press. . First amendment reporter BrieAnna Frank explains how President Trumps ban on several news outlets from the White House will test... - September 24th, 2026 [September 24th, 2026]
- Opinion | Trumps attacks on the First Amendment go well beyond just freedom of the press - ms.now - September 24th, 2026 [September 24th, 2026]
- The Wolf Came As A Wolf: Trump and the First Amendment - Civil Discourse with Joyce Vance - September 24th, 2026 [September 24th, 2026]
- The First Amendment gives Americans a superpower: Petitioning the government to right wrongs - The Seattle Times - September 13th, 2026 [September 13th, 2026]
- The war on terror weakened the first amendment. Now we desperately need it | Jameel Jaffer - The Guardian - September 13th, 2026 [September 13th, 2026]
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- The First at 250: A Conversation on the First Amendment - Knight Foundation - September 13th, 2026 [September 13th, 2026]
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- Judge Refuses To Block Pentagon From Firing Stars and Stripes Staffers Over CBS Interview - First Amendment Watch - September 8th, 2026 [September 8th, 2026]
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- UW to pay $600,000 to professor after losing First Amendment fight over his parody land acknowledgment - Alaska Story - September 8th, 2026 [September 8th, 2026]
- First Amendment auditor convicted of trespassing at Conn. officers home - Police1 - September 8th, 2026 [September 8th, 2026]
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- Trumps Unholy War on the First Amendment - Progressive.org - August 27th, 2026 [August 27th, 2026]
- Stars and Stripes staffers sue Pentagon over firings alleging First Amendment violations - The Independent - August 27th, 2026 [August 27th, 2026]
- Man arrested at Berkeley County gas station says his First Amendment rights were violated - Live 5 News - August 27th, 2026 [August 27th, 2026]
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- Federal judge says FIU violated first amendment rights of anti-ICE student protesters - Creative Loafing Tampa - August 27th, 2026 [August 27th, 2026]
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- Did this field trip to a mosque violate the First Amendment? A group of Palo Alto parents think so. - The Forward - August 22nd, 2026 [August 22nd, 2026]
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- Jury Says The New York Times Defamed Alabama Basketball Player With Incorrect Story About Shooting - First Amendment Watch - August 22nd, 2026 [August 22nd, 2026]
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- ABC sues FCC over license reviews, citing First Amendment rights - WRTV - August 22nd, 2026 [August 22nd, 2026]
- Rich Lenkov on murder trials, cocaine trafficking, and a First Amendment showdown - WGN Radio 720 - August 22nd, 2026 [August 22nd, 2026]
- FCC Boss Brendan Carr Says Disneys First Amendment Lawsuit Is Without Merit - Media Play News - August 22nd, 2026 [August 22nd, 2026]
- Judge Plans October Hearing In ABCs First Amendment Lawsuit Against FCC, Says It Will Be Sooner If Agency Takes Action On Licenses - Yahoo - August 22nd, 2026 [August 22nd, 2026]
- Antithesis of Our First Amendment: Families Ask Supreme Court to Toss Texas Ten Commandments Law - Alaska Native News - August 22nd, 2026 [August 22nd, 2026]
- ABC Has Filed a First Amendment Lawsuit Against the FCC After Trump Admin Goes After Network - IMDb - August 22nd, 2026 [August 22nd, 2026]
- ABC Has Filed a First Amendment Lawsuit Against the FCC After Trump Admin Goes After Network - Just Jared - August 22nd, 2026 [August 22nd, 2026]
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- Masked men practicing First Amendment right to video in public antagonize residents at post office in Pleasanton - Pleasanton Weekly - August 14th, 2026 [August 14th, 2026]
- How the First Amendment protects our 5 freedoms and why its in danger - The Seattle Times - August 14th, 2026 [August 14th, 2026]
- Dining hall workers suing ASU over First Amendment right to protest working conditions - KTAR News 92.3 FM - August 14th, 2026 [August 14th, 2026]
- Lawsuit Seeks To Ban Trump Media From Charging for Early Access to Presidents Posts on US Policy - First Amendment Watch - August 14th, 2026 [August 14th, 2026]
- Judge Dismisses Trump Administration Lawsuit Alleging Antisemitism at Harvard University - First Amendment Watch - August 14th, 2026 [August 14th, 2026]
- Meta To SCOTUS: Addiction Suits Barred By First Amendment, Section 230 - Yahoo - August 14th, 2026 [August 14th, 2026]
- Another Colorado Attack on the First Amendment Goes to the Supreme Court - Independence Institute - August 14th, 2026 [August 14th, 2026]
- Masked ICE Agent Pulls Gun on Virginia Driver Who Says She Was Exercising First Amendment Rights - National Enquirer - August 14th, 2026 [August 14th, 2026]
- Flag on the play: First Amendment problems with NIL regulation - FIRE | Foundation for Individual Rights and Expression - July 21st, 2026 [July 21st, 2026]
- Removal of CLARITY Acts Section 604 Could Spark First Amendment Battle, Industry Executives Warn - Cryptonews.net - July 21st, 2026 [July 21st, 2026]
- The Forever War and the First Amendment - | Knight First Amendment Institute - July 18th, 2026 [July 18th, 2026]