Supreme Court To Hear Cases On Abortion, Gun Cases In November

The Supreme Court is set to return to the bench Monday to hear oral arguments on some of the nation’s high-profile cases concerning abortion rights and guns.

The topics at hand are arguably the two most polarizing and controversial political issues the country is currently facing today as red states try to curtail reproductive freedoms while the country suffers through a mass shooting epidemic.

The high court will consider questions on the Texas abortion law S.B. 8 that allows private citizens to sue abortion providers or anyone who “aids or abets” an abortion for a $10,000 reward. The bill bans abortion after six weeks and outlaws all abortions even in extreme cases of incest and rape.

The court originally let the controversial law in Texas take effect in a 5-4 ruling with all three Trump-appointed justices voting in the majority.

The court will hear arguments on Dobbs vs. Jackson Women’s Health Organization beginning on Dec. 1. It's a bill in Mississippi that bans abortion after 15 weeks except in instances of medical emergencies.

“I think everyone will be watching the chief justice very closely, Of the conservative justices, he is most inclined to protect the principles of stare decisis, and most concerned about public perceptions of the Court as a fair and independent body,” Jamie Santos, a partner in the Supreme Court and appellate litigation practice at law firm Goodwin, told CNBC.

The court is set to consider New York State Rifle & Pistol Association vs. Bruen. This concerns a 108-year-old law in New York that requires anyone who wishes to carry a handgun in public must demonstrate “proper cause” before obtaining a license to do so. The plaintiffs Robert Nash and Brandon Koch already have a license permitting hunting and target practice and they wish to carry a gun to and from work.

The two petitioned that state arguing their right to “keep and bear arms” was protected by the constitution, allowing them to carry their guns where they pleased. New York has some of the strictest gun laws in the country and with a 6-3 conservative court, Nash and Koch may win their case in the end despite New York Attorney General Letitia James arguing the high court should not take up the case.

“The law is consistent with the historical scope of the Second Amendment and directly advances New York’s compelling interests in public safety and crime prevention,” James wrote.

This will be the first Supreme Court case concerning guns since District of Columbia vs. Keller, where the court ruled the Second Amendment protects the individual’s right to carry a gun inside the home.