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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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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.

2024-2025 Notable Cases

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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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.

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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