While much public attention often gravitates towards the social implications of the U.S. Supreme Court’s decisions, it is the pervasive yet understated presence of criminal law within its caseload that continues to be significant. In a recent article by Rory Little, he unveils how the landscape of Supreme Court decisions for the 2024-25 term, with 27 cases, emphasizes this intersection between the court’s rulings and criminal law, making up a substantial 40% of the term’s decisions.
The Supreme Court’s docket this term consisted of both “pure” criminal law cases and those “related to criminal law.” The categorization extends beyond traditional criminal law into areas with crucial implications for criminal practitioners. These can include decisions that feature underlying criminal facts, procedures, or implications, and even certain civil matters such as federal habeas corpus cases, which are inherently tied to criminal convictions. Further insights into the term’s decisions can be gleaned from Little’s analysis of what are often considered non-criminal cases but have potential criminal law repercussions.
A notable example raised is United States v. Skrmetti, which upheld a Tennessee law pertaining to transgender medical treatment. The decision didn’t directly include criminal penalties but signified future legal terrain where similar laws might criminalize such conduct, an issue reminiscent of the implications following the Dobbs v. Jackson Women’s Health Organization decision.
Furthermore, the term included civil cases with evident criminal implications, such as Fuld v. Palestine Liberation Organization, which dealt with statutory exemptions related to terrorism and Gutierrez v. Saenz involving access to DNA testing in a capital case. Little points out these seemingly civil matters conceal deeper criminal issues, which legal professionals must recognize for their procedural and practical impacts.
The nuanced examination of the court’s decisions underlines the imperative for legal practitioners to go beyond visible legal questions and to explore the embedded criminal aspects potentially affecting legislative and judicial processes. For further detailed case studies, the full article is available on SCOTUSblog
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