Justices face landmark constitutional questions with nationwide implications
The Supreme Court’s 2025-2026 term has rapidly emerged as one of the most consequential in recent memory, with the justices confronting fundamental questions about citizenship, free speech, and the balance of political power. Several cases carry the potential to reshape American constitutional law for decades.
The birthright citizenship case stands as the term’s most closely watched dispute. The administration’s executive order seeking to deny automatic citizenship to children born on U.S. soil to parents without permanent legal status was blocked by multiple lower courts, which found it violated both the Fourteenth Amendment and the Immigration and Nationality Act. The Supreme Court agreed to review the case in late 2025, scheduling it for oral arguments alongside several other high-profile disputes. Legal scholars have noted that the case represents the first direct Supreme Court examination of the scope of birthright citizenship since the nineteenth century.
The justices’ procedural handling of the case has drawn close attention. The Court agreed to hear one of two companion cases, choosing the class action lawsuit over a challenge brought by states, leaving open the possibility that it could resolve the dispute on narrow procedural grounds rather than addressing the constitutional question directly. Constitutional law experts have noted that this approach preserves an off-ramp that would allow the justices to avoid a sweeping ruling on citizenship.
Online speech and child safety also feature prominently on the docket. The Court upheld a Texas law requiring pornographic websites to verify that viewers are 18 or older, ruling 6-3 that age verification requirements satisfy constitutional scrutiny. The decision in Free Speech Coalition v. Paxton could influence at least 19 other states with similar legislation. Meanwhile, a bellwether trial in California against Meta and Google over claims that social media harms children’s mental health has generated nationwide attention, with Meta CEO Mark Zuckerberg testifying that current scientific literature shows no causal link between social media and teen mental health issues.
Political redistricting added another layer of complexity to the term. The Court allowed California to use a new congressional map designed to give Democrats five additional House seats, denying a challenge from the California Republican Party. The decision came after the Court had previously permitted Texas to implement a GOP-favorable redistricting plan, setting up a dynamic in which both parties used redistricting as a tool ahead of the 2026 midterm elections.
The Court’s use of its emergency docket continued to draw scrutiny. Legal analysts at Columbia Law School noted that roughly 25 universal or nationwide injunctions were issued by lower courts in 2025 alone, compared to just over 100 in the nation’s entire history. The surge has made the Supreme Court a frequent referee in disputes between the executive branch and lower courts, often on an accelerated timeline with limited briefing.
Several additional cases round out a term with broad implications. The justices are hearing challenges to the FTC Act’s limits on presidential removal power, examining whether the federal rule limiting national injunctions to class actions is being circumvented, and considering disputes over the scope of federal preemption in areas ranging from auto liability to telecommunications regulation.
With oral arguments scheduled through April and major opinions expected throughout the spring, the 2025-2026 term is poised to deliver rulings that will shape the boundaries of executive power, individual rights, and the structure of American federalism.
Sources
1. “A Way Out Remains for Birthright Citizenship Decision” — SCOTUSblog, December 24, 2025. https://www.scotusblog.com/2025/12/off-ramp-remains-to-birthright-citizenship-decision/
2. “7 Significant Legal Matters From 2025 That’ll Have Impacts Far Beyond the New Year” — The Daily Signal, December 31, 2025. https://www.dailysignal.com/2025/12/31/why-these-7-most-significant-legal-matters-2025-will-have-longstanding-impact/
3. “Top Regulatory News of 2025” — The Regulatory Review, December 26, 2025. https://www.theregreview.org/2025/12/26/top-regulatory-news-of-2025/
4. “2025 SCOTUS Roundup” — Columbia Law School, October 17, 2025. https://www.law.columbia.edu/news/archive/2025-scotus-roundup
5. “ABA News & Insights” — American Bar Association, January-February 2026. https://www.americanbar.org/news/
