From tariffs to gun rights to whether transgender girls should be allowed to play in women’s sports, the U.S. Supreme Court’s decisions this term could reshape interpretations of the Constitution on personal rights and presidential power.
The high court’s calendar for the final days in February will be busy. Justices will hear arguments in several cases, but they may also issue rulings on highly anticipated matters.
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One pending decision concerns tariffs. The court will determine whether President Donald Trump has the authority to unilaterally impose tariffs on other countries. If the court sides with Trump, presidential powers could expand. A loss could force the U.S. to refund billions of dollars that administration officials say have already been collected.
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Another case examines whether Trump can remove Lisa Cook, a member of the Federal Reserve Board of Governors. The Federal Reserve determines interest rates, and several former officials have warned that removing a board member could damage U.S. credibility on monetary policy.
During arguments last month, U.S. Solicitor General John Sauer said Trump has the right to make changes at the Fed and that no court can review that decision — a claim Justice Brett Kavanaugh challenged.
“So do you dispute that that is, you know, the real-world effect?” Kavanaugh asked.
“I cannot predict what future presidents may or may not do, but the argument strikes me as a policy argument,” Sauer responded.
“Well, history is a pretty good guide,” Kavanaugh said. “Once these tools are unleashed, they are used by both sides and usually more the second time around.”
The court also will consider regulations involving transgender athletes, including the case of a transgender teen who seeks to compete in female track and field events at her West Virginia high school. States with similar sports bans argue biological women and girls will be at a disadvantage when competing against transgender athletes. Some transgender athletes contend that banning their participation violates constitutional rights.
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Justices are also weighing a gun rights case from Hawaii, which considers whether weapons can be carried onto private properties open to the public — even if the property owner has not verbally allowed it. Depending on the ruling, gun rights could be expanded.
