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Supreme Court’s ‘Unusual’ Shift From Last Two Terms
The Supreme Court is deciding cases faster this term than in recent years.
By the middle of January this term, the justices had already issued seven decisions in argued cases, amounting to about 12.5 percent of the Court’s expected output for the term, according to data from SCOTUSblog.
The number is a significant increase from the previous two terms, when less than 5 percent of cases had been decided by that point. Only two decisions were issued between October and January in the 2023-2024 term, and only one in the following term. The outlet called the current term’s departure “unusual.”
Why It Matters
In past terms, the court regularly issued a fifth of its decisions before February, but in recent years it has pushed most of its work to the final weeks of June, according to SCOTUSblog.
From the 2000-01 term through the 2015-16 term, the court routinely issued between 15 percent and 30 percent of its decisions during the period from October to January. Earlier decisions were often straightforward cases. Beginning around 2016, the number of early-term decisions began to fall.
It remains unclear whether this year’s rise in early decisions will continue beyond the current term.
Supreme Court Rulings This Term
- Pitts v. Mississippi: A “per curiam” decision was issued. No dissenting opinions were filed.
- Clark v. Sweeney: A “per curiam” decision was issued. No dissenting opinions were filed.
- Doe v. Dynamic Physical Therapy, LLC: A “per curiam” decision was issued. No dissenting opinions were filed.
- Bowe v. United States: Justice Sonia Sotomayor wrote the majority opinion, which was joined by Chief Justice John Roberts and Justices Elena Kagan, Brett Kavanaugh and Ketanji Brown Jackson. Justice Neil Gorsuch filed a dissenting opinion, which was joined by Justices Clarence Thomas and Samuel Alito, as well as Justice Amy Coney Barrett in part.
- Bost v. Illinois State Board of Elections: Roberts wrote the majority opinion, which was joined by Thomas, Alito, Gorsuch and Kavanaugh. Barrett filed an opinion concurring in judgment, which Kagan joined. Jackson filed a dissenting opinion, which was joined by Sotomayor.
- Case v. Montana: Kagan delivered the opinion for a unanimous court. Sotomayor and Gorsuch filed concurring opinions.
- Barrett v. United States: Jackson delivered the opinion of the Court, as well as an opinion joined by Roberts, Sotomayor and Kagan. Gorsuch filed an opinion concurring in part
- Coney Island Auto Parts Unlimited, Inc. v. Burton: Alito delivered the opinion of the Court, which was joined by Roberts, Thomas, Kagan, Gorsuch, Kavanaugh, Barrett and Jackson. Sotomayor filed an opinion concurring in judgment.
- Ellingburg v. United States: Kavanaugh delivered the opinion for a unanimous court. Thomas filed a concurring opinion, which Gorsuch joined.
- Berk v. Choy: Barrett delivered the opinion of the court, which was joined by Roberts, Thomas, Alito, Sotomayor, Kagan, Gorsuch and Kavanaugh. Jackson filed an opinion concurring in judgment.
- Klein v. Martin: A “per curiam” decision was issued. Jackson said she would have denied the petition for a writ of certiorari.
Supreme Court Ruling on Trump Tariffs
One of the most closely watched cases still awaiting a decision involves President Donald Trump’s authority to impose tariffs through executive orders issued in 2025.
The court heard oral arguments in the case on November 5, 2025.
Small businesses and states challenging the tariffs say Trump illegally invoked emergency powers to levy import taxes on goods from nearly every country.
The cases center around the International Emergency Economic Powers Act (IEEPA), a 1977 law that allows the president to “deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.”
Trump cites the IEEPA in executive orders related to reciprocal tariffs, which he states he has the authority to implement.
If the court upholds the tariffs, it could expand presidential authority over trade policy, potentially reshaping future executive power.
Biggest Supreme Court Cases This Year
One closely watched case the court has yet to rule on is Trump v. Cook, which centers around the president’s attempt to fire Lisa Cook, a member of the Federal Reserve’s Board of Governors, in August of last year.
Under the Federal Reserve Act, members of the Board of Governors are nominated by the president and confirmed by the Senate for staggered 14-year terms. They can only be removed by the president, and only “for cause.” Trump has alleged that Cook committed mortgage fraud, which she has denied.
The court has yet to rule in Little v. Hecox, a case brought by Lindsay Hecox, a transgender woman who wanted to compete on the women’s track and cross-country teams at Boise State University. Idaho is one of multiple states that ban the participation of transgender athletes on women’s and girls’ sports teams. She had asked a federal court to bar Idaho from enforcing its ban against her.
The Court also heard West Virginia v. B.P.J., a case filed by a 14-year-old transgender girl seeking to be able to compete on the girls’ sports teams at her middle school. West Virginia also bans the participation of transgender athletes on women’s and girls’ sports teams.
Another closely watched case the court has not yet ruled on is Chiles v. Salazar. The justices will consider whether a Colorado state law banning conversion therapy for minors by mental health counselors violates free speech rights.
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