Supreme Court Opens New Term Amid Scrutiny Over Legitimacy and Trump Cases
The court faces high-profile cases on gun rights, voting rights, and religious liberty, while public approval ratings hit record lows.
The Supreme Court commenced its new term Monday, facing renewed public and political scrutiny over its recent rulings, the justices' personal safety, and the court's future composition. Chief Justice John Roberts will lead the justices as they hear arguments on cases involving environmental disputes, religious liberty, gun rights, and voting rights.
This term's docket includes a significant environmental case concerning the liability of oil and gas companies for climate change harms. Other high-profile appeals will address whether states can exclude religious schools from taxpayer-funded preschool programs, state bans on semi-automatic rifles like the AR-15, and efforts to require proof of U.S. citizenship for voter registration.
Despite the court's efforts to maintain an image as a non-political actor, public perception has been increasingly negative. A Washington Post/Ipsos poll in July found that 46% of Americans believe justices rule based on political views, while only 25% see rulings as based on law. Gallup's July poll showed a record low job approval rating of 33% for the Supreme Court, with a record high 61% disapproval. A recent Fox News survey indicated 38% public job approval, with a record 45% believing the justices are too conservative.
Trump's Agenda on the Docket
The new term will also grapple with constitutional disputes related to executive power, including anticipated fights over immigration, federal bureaucracy reforms, and potentially construction projects. President Trump's administration has seen a mixed record at the Supreme Court. In the previous term, his allies faced defeats on issues such as reciprocal tariffs and birthright citizenship, but secured victories on immigration policies, redistricting, and federal campaign spending.
The court's conservative majority, with a 6-3 split, has largely supported the administration's expansion of power, particularly through its "shadow docket," which allows executive policies to move forward while broader legal issues are litigated. The Trump Justice Department has won over 70% of its emergency applications seeking temporary enforcement of challenged policies.
However, this has also led to sharp criticism from both sides of the political spectrum. Republicans have called for impeaching judges who block White House policies, while Democrats have renewed calls for structural changes to the court. President Trump himself has publicly criticized justices he appointed after unfavorable rulings, particularly concerning mail-in voting restrictions.
Court Legitimacy and Judicial Safety
The escalating partisan rhetoric has had tangible consequences, with reports of budget shortfalls compromising the physical security of federal judges. The U.S. Marshals Service reported 370 threats against federal judges as of July 1, a 31% increase year-over-year. Justices have acknowledged the heightened security concerns, with Justice Elena Kagan stating that attempts to intimidate judges cross a line, and Justice Amy Coney Barrett noting the threat level is "really high."
Chief Justice Roberts, appointed by a Republican president, has navigated these pressures, at times ruling against Trump and Republican supporters, while also aligning with the administration on other matters. His role in managing the court's docket and its public perception is seen as particularly challenging amidst the current political climate.
Looking Ahead
The court's decisions this term are expected to address fundamental aspects of government, including the relationships among the branches of government and between federal and state authorities. Legal analysts anticipate numerous election-related cases concerning voting rights and election integrity.
Potential future developments include the possibility of a Supreme Court vacancy, with speculation surrounding Justice Samuel Alito. However, sources indicate that Alito's decisions are driven by personal practicality and a continued commitment to his work, rather than political considerations. Upcoming cases also include challenges to mandated Ten Commandments displays in public schools, free speech disputes, and abortion access.