WASHINGTON — The Supreme Court is returning to a new term to take up some familiar topics — guns and abortion — and concerns about ethics swirling around the justices.
The year also will have a heavy focus on social media and how free speech protections apply online. A big unknown is whether the court will be asked to weigh in on any aspect of the criminal cases against former President Donald Trump and others or efforts in some states to keep the Republican off the 2024 presidential ballot because of his role in trying to overturn the results of the 2020 election that he lost to Democrat Joe Biden.
Lower-profile but vitally important, several cases in the term that begins Monday ask the justices to constrict the power of regulatory agencies.
“I can’t remember a term where the court was poised to say so much about the power of federal administrative agencies,” said Jeffrey Wall, who served as the deputy solicitor general in the Trump administration.
One of those cases, to be argued Tuesday, threatens the ability of the Consumer Financial Protection Bureau to function. Unlike most agencies, the bureau is not dependent on annual appropriations from Congress, but instead gets its funding directly from the Federal Reserve. The idea when the agency was created following the recession in 2007-08 was to shield it from politics.
But the federal appeals court in New Orleans struck down the funding mechanism. The ruling would cause “profound disruption by calling into question virtually every action the CFPB has taken” since its creation, the Biden administration said in a court filing.
The same federal appeals court also produced the ruling that struck down a federal law that aims to keep guns away from people facing domestic violence restraining orders from having firearms.
The Supreme Court is seen in Washington, Monday, Sept. 25, 2023. The new term of the high court begins next Monday, Oct. 2. Credit: AP/J. Scott Applewhite
The three-judge panel of the 5th…
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