Supreme Court Update: A Review of the 2024-2025 Term and a Look Ahead to 2025-2026

The Supreme Court ended its 2023-24 term with an incredibly important decision finding that former presidents have at least presumptive immunity for their official acts This decision represented a major victory for then-candidate Donald Trump, which likely set the stage for his return to power, which cast a large shadow over the Court’s 2024-25 term.

The 2024-2025 Supreme Court term was a period of significant judicial and ideological consolidation within the Court, solidifying the Court’s role as perhaps the most conservative Court since the mid-20th century. Characterized by a consistent 6-3 ideological alignment on its most contentious cases, the term produced landmark rulings that profoundly reshape the legal landscape across social policy, regulatory authority, and First Amendment jurisprudence. Several overarching themes appeared to drive the Court through much of this term. The first was a profound expansion of executive power. Second was a seeming focus on state legislative power. The third was a nuanced and sometimes contradictory approach to First Amendment rights, expanding protections for religious liberty while simultaneously contracting free speech rights in the digital sphere. The fourth involved the Court's engagement with the administrative state.

This session will explore these themes within the context of major cases decided in the 2024-25 term. It will also examine the Court’s increasing use of the “shadow docket” to decide significantly important issues, even if temporarily, and the impact that has had on the lower courts. Finally, the presentation will take a brief look at what may be on the horizon for the Court in the upcoming 2025-26 term.