Seven Contentious Cases the Supreme Court Could Look At

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The U.S. Supreme Court's new term begins next week and the nine justices are expected to take up potentially contentious cases that could have major implications.

In the last term, the Court took the highly controversial decision to overturn landmark abortion precedents established 1973's Roe v. Wade and 1992's Planned Parenthood v. Casey, as well as striking down a longstanding New York gun control law.

The justices are already set to hear cases on the drawing of electoral districts and college admissions but could also choose to hear other cases that could impact Americans' lives.

Here are seven contentious cases the Court may hear in the 2022/23 term.

Electoral Maps, Courts and Race

The Supreme Court will hear a pair of cases about electoral maps, Moore v. Harper out of North Carolina and Merrill v. Milligan from Alabama. In both cases, the justices' decision will be of major importance.

In Moore, Republicans are asking the Court whether state courts actually have the legal authority to throw out electoral maps and order districts to be redrawn. The justices will consider the so-called "Independent State Legislature theory", which holds that courts do not have the power to strike down maps drawn by state legislatures.

In the Alabama case, community groups argue the state's electoral maps violate Section 2 of the Voting Rights Act, which bans voting procedures that discriminate based on race. They say the maps dilute the power of Black voters in a state where Black people make up more than a quarter of the population but form a majority in only one U.S. House district.

Lower courts blocked electoral maps in both cases but the Supreme Court stayed an order in the Alabama case that had blocked the maps.

The outcome of the Supreme Court hearings could have a profound effect on future elections. If the Court rules in favor of the Republican litigants in Moore, the ruling would likely upend future elections and potentially open the door to districts that critics say could be heavily gerrymandered.

Race and College Admissions

The Court will also hear a pair of cases challenging the use of race in college admissions - Students for Fair Admissions v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina.

Students for Fair Admissions say they represent more than 20,000 students, parents and others and contend that "racial classifications and preferences in college admissions are unfair, unnecessary, and unconstitutional."

If the Court sides with the plaintiff in one or both cases, it will have a potentially major impact on the college admissions process and could prevent colleges from taking race into account and could possibly lead to a less diverse student population.

The Steps of the U.S. Supreme Court
US Supreme Court Justice Ketanji Brown Jackson and Chief Justice John Roberts walk down the steps of the US Supreme Court, immediately following the investiture ceremony of Justice Jackson in Washington, DC, September 30, 2022.... SAUL LOEB/AFP/Getty Images

Bump Stock Ban

The Court has not yet decided whether to consider two challenges to a 2018 ban on bump stocks - a firearm attachment that allows a semi-automatic weapon to shoot almost as fast as a machine gun which were effectively banned following the deadly Las Vegas mass shooting in 2017.

The justices were due to discuss the two cases - W. Clark Aposhian v. Attorney General Merrick and Gun Owners of America v. Garland - at their conference on September 28 but it remains to be seen if either will make it before the Court this term.

The cases center on whether the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) erred when it defined bump stocks as machine guns under a 1986 law that bans the weapons.

A ruling in favor of either plaintiff could see the ban on bump stocks struck down.

FBI Filter Teams

In a case that's become especially newsworthy because of former President Donald Trump's current legal issues, the Court may consider Korf v. United States which asks the justices to determine when it's appropriate for the Department of Justice to use a "filter team" to review documents containing potentially privileged material during investigations.

The FBI used such a filter team to review documents seized at Trump's Mar-a-Lago residence in Florida on August 8 as part of its investigation into the handling of classified documents.

However, it is unclear if any decision the court makes in Korf will impact the former president.

About the writer

Darragh Roche is a U.S. News Reporter based in Limerick, Ireland. His focus is reporting on U.S. politics. He has covered the Biden administration, election polling and the U.S. Supreme Court. Darragh joined Newsweek in 2020 from PoliticusUSA and had previously worked at The Contemptor. He attended the University of Limerick, Ireland and ELTE, Hungary.  Languages: English, German.

You can get in touch with Darragh by emailing d.roche@newsweek.com.


Darragh Roche is a U.S. News Reporter based in Limerick, Ireland. His focus is reporting on U.S. politics. He has ... Read more