Adam Liptak and Sarah Isgur join Jeffrey Rosen to preview the Supreme Court's October 2023 term, discussing major cases on the right to bear arms, the future of the Consumer Financial Protection Bureau, the First Amendment and social media, and more.
The Supreme Court's 2023 term will focus on cases related to the Second Amendment, the Administrative State, and the First Amendment.
The Court will address the interpretation of the Second Amendment and its impact on future gun control regulations.
The Court will examine the validity of Chevron deference and the potential reshaping of the judiciary-administrative agency relationship.
Deep dives
The Supreme Court's 2023 term explores key constitutional cases
The Supreme Court is hearing cases on the Second Amendment, the Administrative State, and the First Amendment in its 2023 term. The Court is focused on how the conservative justices are interacting and deciding cases differently. The court is considering the implications of applying the text, history, and tradition test, and how it can create confusion for lower courts. The Court is also exploring the question of whether to overrule Chevron, a doctrine that requires courts to defer to agencies' interpretations of ambiguous laws. Additionally, the Court is examining cases involving the power of state officials to block users they dislike on social media, as well as the extent of government coercion on social media platforms. The Court's decisions in these cases may have significant implications for the future of the administrative state and the First Amendment.
Previewing the Second Amendment cases
The Supreme Court is considering cases related to the Second Amendment in its 2023 term. One case involves the question of whether a prohibition on firearms by individuals subject to domestic violence orders violates the Second Amendment. The Court will apply the text, history, and tradition test in determining the outcome. Another case explores the limitations of the regulatory power of the administrative state under the Second Amendment. The Court's decision in these cases will provide clarity on the interpretation of the Second Amendment and may impact future gun control regulations.
Examining the administrative state cases
The Supreme Court is reviewing cases that challenge the scope and power of the administrative state in its 2023 term. One case specifically questions the validity of Chevron deference, which requires courts to defer to agencies' interpretations of ambiguous laws. The Court will decide whether to overrule Chevron and potentially reshape the relationship between the judiciary and administrative agencies. Another case centers around the funding mechanism for the Consumer Financial Protection Bureau (CFPB), and examines whether it violates the Appropriations Clause of the Constitution. These cases present an opportunity for the Court to address the separation of powers and the extent of agency authority.
Analyzing the First Amendment cases
The Supreme Court is considering cases involving the First Amendment in its 2023 term. These cases examine the power of government officials to block users on social media platforms and whether such actions violate the First Amendment. The Court will grapple with the question of whether social media platforms serve as public forums where First Amendment protections apply. Additionally, the Court is evaluating whether the government coerced social media platforms to remove COVID-related content, raising concerns about First Amendment rights. The Court's decisions in these cases will shape the boundaries of free speech and the interaction between government officials and social media platforms.
Implications of the Biden v. Missouri case
The Supreme Court is considering whether to grant cert in the case of Biden v. Missouri. This case examines whether the federal government coerced social media platforms to remove COVID-related content, potentially infringing on the First Amendment. The Court's decision may clarify the limits of government coercion and its impact on free speech rights. This case reflects broader debates about the role of social media platforms and their interaction with government regulation. The Court's ruling could have significant implications for free speech online.
On Monday, October 2, 2023, the U.S. Supreme Court will begin hearing cases for the 2023-24 term. It is likely to be yet another landmark term for the Court, with cases on the docket about the scope of the right to bear arms; whether Chevron will be overturned; the future of the Consumer Financial Protection Bureau; the First Amendment and social media; and more. Adam Liptak of The New York Times and Sarah Isgur, host of Advisory Opinions, join host Jeffrey Rosen, to preview the term, discuss the major cases and how the Court might rule.