In one form or another, all those questions are back on the table this term — mainly to take a second look at appeals from the Fifth Circuit Court of Appeals, which covers Texas and parts the South.
Many familiar hot-button issues are back at the U.S. Supreme Court, which begins its new term Monday.
"The 5th Circuit is ready to adopt the politically most conservative position on almost any issue, no matter how implausible, and no matter how much defiance of precedent it takes," says Irv Gornstein, director of the Georgetown University Supreme Court Institute, who refers to some of the 5th Circuit rulings as coming from"crazy-town." It"would be be shocking if at least some of those decisions are not reversed," he adds.
But the 5th Circuit overrode key portions of the FDA approval. Now Danco Laboratories, maker of the drug, and the Biden administration are asking the Supreme Court to reverse the 5th Circuit decision. They say that if the lower court ruling is upheld, it would dramatically cut back access to the abortion pill in every state in the country, regardless of whether abortion is legal or illegal in the state.
Also proliferating on the docket are a series of cases that challenge the regulatory powers of various federal agencies, from the Securities and Exchange Commission, to the National Marine Fisheries Service, and the Consumer Financial Protection Bureau. A different social media case tests when a public official may block other people from his or her personal social media account. That's something that President Trump tried to do when he was president, but these cases involve local officials and their longstanding personal accounts.
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