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    The U.S. Supreme Court

    The Supreme Court plays a critical role in protecting American democracy. The ABA is committed to educating the public about how the Court works, engaging lawyers with professional development resources, and providing context on notable cases that could have a lasting impact on society.

    Understanding the Courts

    How Does the Supreme Court Work?

    The U.S. Supreme Court acts as the protector and interpreter of the Constitution. The nine Supreme Court justices remain the final arbiters of the law, charged with ensuring the American people receive the promise of equal justice under the law.

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    How to read a Supreme Court opinion

    Follow this guide to read and understand a Supreme Court opinion.

    How the Court decides

    There are several stages to the Supreme Court’s process, including choosing which cases to set for oral argument, deciding those cases, and issuing rulings.

    What is stare decisis?

    How to understand this foundational concept in the American legal system, which holds that courts should honor precedent.

    PREVIEW OF THE NEW SUPREME COURT TERM

    Panelists discuss key issues and cases for the Supreme Court’s 2023-2024 term.

    2024-2025 Notable Cases

    Special Edition: Trump v. CASA, Inc. Trump v. Washington Trump v. New Jersey

    On January 20, soon after taking office, President Trump issued an executive order (EO) purporting to redefine birthright citizenship under the Fourteenth Amendment. The EO says that U.S. citizenship does not automatically extend to two classes of individuals: (1) those born in the United States whose mothers are unlawfully present in the United States and whose fathers are neither lawful permanent residents nor citizens and (2) those born in the United States whose mothers are lawfully but temporarily present in the United States and whose fathers are neither lawful permanent residents nor citizens.

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    Oklahoma Statewide Charter School Board v. Drummond and St. Isadore of Seville Catholic Virtual School v. Drummond

    The Oklahoma Statewide Charter School Board executed a contract with St. Isidore of Seville Catholic Virtual School to operate a religious charter school in the state. The state attorney general sued, arguing that the contract violated state prohibitions on religion in public schools. The state supreme court agreed and directed the board to rescind the contract. The board and St. Isidore brought this appeal.

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    Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission

    Catholic Charities and four subentities that provide community services applied for an exemption from Wisconsin’s unemployment compensation program. The Wisconsin Labor & Industry Review Commission determined that they were not “operated primarily for religious purposes” under Wisconsin law and therefore denied them an exemption. The Wisconsin Supreme Court affirmed.

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    Ames v. Ohio Department of Youth Services

    Marlean A. Ames, a straight female, worked for the Ohio Department of Youth Services as administrator of the Prison Rape Elimination Act. In April 2019, she applied for a new position in the department, Bureau Chief of Quality Assurance and Improvement. The department denied her the position and later hired a gay female. The next month, the department demoted Ames and replaced her as administrator with a gay male.

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    High Noon at the Supreme Court: Guns v. Mexico

    The Court will consider (1) whether firearms production and sales in the United States is a proximate cause of alleged injuries to the Mexican government from drug cartel violence in Mexico, and (2) whether the industry’s production and sale of firearms in the United States amounts to unlawful aiding and abetting because the firearms companies allegedly knew some of their products were unlawfully trafficked.

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    Free Speech and the Federal Ban on TikTok

    The Protecting Americans from Foreign Adversary Controlled Applications Act makes it “unlawful for any entity to distribute, maintain, or update” a “foreign adversary controlled application” in the United States. The act specifically applies to TikTok and its parent company ByteDance, which maintains significant operations in China. But the act provides that an application may be removed from the act’s coverage at any time if a “foreign adversary” no longer controls it and no longer has an “operational relationship” with it. The act takes effect with respect to TikTok on January 19, 2025.

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    Free Speech and Adult Websites

    The Texas law requires adult websites to implement age-verification systems and display health warnings about pornography’s alleged risks. It penalizes violations with steep fines and criminal penalties. Free Speech Coalition, Inc., and other petitioners argue the law violates the First Amendment by imposing content-based restrictions and chilling lawful speech. Texas defends the law as a necessary measure to protect minors and educate the public about pornography's dangers.

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    Transgender rights

    The case United States v. Skrmetti challenges Tennessee's law banning puberty blockers and hormone therapy for transgender minors under the Equal Protection Clause. The government argues that the law discriminates based on sex and transgender status, warranting heightened scrutiny, while Tennessee defends the law as protecting minors' health and medical ethics under rational basis review. The Supreme Court’s decision will address equal protection for transgender individuals and states’ authority to regulate gender-affirming care.

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    Firearm Regulation

    The Gun Control Act of 1968 requires any manufacturer or dealer of “firearms” to obtain a federal license, to maintain records related to the acquisition and transfer of firearms, and to conduct a background check before transferring a firearm to a nonlicensee. The act also requires importers and manufacturers to mark firearms with a serial number. This case asks whether “a weapon parts kit” is a “firearm” under the Gun Control Act.

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    Related ABA Policy and Resources

    On the Docket: Looking Ahead at the New Supreme Court Term

    A Zoom webinar exploring the upcoming term of the Court which is shaping up to be another blockbuster. Sponsored by the WCL Program on Law & Government and the American Bar Association Division for Public Education.

    2023 - 2024 Notable Cases

    Explore the pivotal role of the Supreme Court in safeguarding American democracy by viewing these standout cases of 2023-2024, offering insight into the Court's workings.

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    2022 - 2023 Notable Cases

    Explore the pivotal role of the Supreme Court in safeguarding American democracy by viewing these standout cases of 2022-2023, offering insight into the Court's workings.

    Learn - more

    Reproductive Rights at the U.S. Supreme Court

    For over 30 years, the ABA has taken an active role in engaging lawyers and educating the public on the role of the courts in defining these rights and access. Learn more about ABA policies and statements here.

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    Career and Professional Development Resources

    Tips and resources for law practice related to the Supreme Court, including litigation, advocacy and judicial clerkships.

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