SCOTUS news for Thursday, December 4

Exactly one year ago, the Supreme Court reviewed arguments in United States v. Skrmetti, one of the most closely watched cases of the 2024-25 term. On June 18, the Court issued its decision, upholding Tennessees prohibition on specific medical treatments for transgender minors.

This week, the Supreme Court has completed oral arguments. Pending rulings could include interim docket cases involving former President Donald Trumps attempt to deploy the National Guard to Illinois and Texas newly drawn congressional districts. The justices will meet in a private conference on Friday to discuss pending cases and vote on petitions for review.

Justice Ketanji Brown Jackson is scheduled to deliver the keynote address at the National Council for the Social Studies conference in Washington, D.C., this weekend. On Monday, SCOTUSblog will host a live blog covering the oral argument in Trump v. Slaughter, starting at 9:30 a.m. EST.

U.S. Treasury Secretary Scott Bessent stated that the Trump administration can continue pursuing its trade policies regardless of the Supreme Courts decision in the current tariffs case. Even if the Court blocks use of the International Emergency Economic Powers Act, Bessent argued that tariffs can be restructured under other sections of the 1962 Trade Act.

In a separate ruling, U.S. District Judge Beryl Howell restricted warrantless immigration arrests in Washington, D.C., finding that the administration had incorrectly labeled all undocumented immigrants as criminals. Howell cited Arizona v. United States, emphasizing that immigration violations are civil matters, not criminal offenses.

In Texas, 18 families filed a class action lawsuit challenging a law that mandates displaying the Ten Commandments in public school classrooms. The plaintiffs argue the law violates the First Amendment. Some districts have already paused enforcement due to prior litigation, and the case may be influenced by a federal ruling in Louisiana declaring a similar law unconstitutional.

Oklahoma asked the Supreme Court to uphold a state decision requiring tribal citizens who work for their tribes and live on reservations to pay state income taxes, effectively urging the Court not to revisit the McGirt v. Oklahoma ruling. Several major tribes have filed supporting briefs in favor of review.

A one-man theatrical performance honoring former Justice Thurgood Marshall will be staged in Athens, Georgia, this weekend, with proceeds benefiting scholarship funds at Paine College and the United Negro College Fund.

Supreme Court clerks play a vital role in the Courts operations, including screening petitions, preparing justices for arguments, drafting opinions, and reviewing materials from other chambers. Over time, clerkships have grown more competitive and influential, with many alumni advancing to prestigious legal positions, including six of the current nine justices who previously served as clerks.

Next week, the Court will hear Trump v. Slaughter, a long-running dispute over laws limiting the presidents ability to remove heads of independent federal agencies. Central to the case is whether such laws infringe on the separation of powers.

Legal scholars have highlighted the potential implications for the "unitary executive theory," which posits that the president controls the entire executive branch. This theory, largely rejected by the Court in Morrison v. Olson nearly four decades ago, could see renewed consideration in the current term through Trump v. Slaughter and Trump v. Cook.

For ongoing Supreme Court analysis and coverage, visit SCOTUSblog.

Author: Maya Henderson