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As the U.S. Supreme Court kicks off its 2026-27 term, the first set of relistings for the year was announced, serving as a key indicator of cases that could receive heightened scrutiny. On Friday, the docket for the conference featured exactly 100 cases and applications, out of which 14 are actual relists. Thirteen of these are new, while one is a holdover from the previous term, Berry v. United States.
The spotlight is on some issues that have wandered through the corridors of the Supreme Court for years, awaiting a conclusive judgment. Notably, several relisted cases this term explore whether government powers extend to destroying private property during law enforcement actions, a dilemma which has thus far been avoided by the Court. Cases like Hadley v. City of South Bend and Pena v. City of Los Angeles challenge major precedents regarding the takings clause under the Fifth Amendment. These cases ask whether governmental actions that damage private property in the pursuit of law enforcement should be exempted from the requirement for compensation.
In O’Donnell v. City of Chicago, the scope of local government’s police power is questioned. The case focuses on Chicago’s policy of impounding and selling vehicles when the owner has outstanding parking tickets, without refunding any surplus from the sale.
Free speech issues also feature prominently. For instance, Khatibi v. Yip challenges California’s mandate requiring implicit bias training as part of continuing medical education, positing that it constitutes compelled speech.
Another notable relisting is U.S. DOGE Service v. U.S. District Court for the District of Columbia, which raises significant questions about the separation of powers as it seeks to define the boundaries of discovery against presidential advisory bodies.
In sum, the first relistings of the term present a diverse array of legal questions, ranging from constitutional interpretations to pressing issues of administrative and procedural law. For legal professionals aiming to stay updated on the Supreme Court’s docket, following these relisted cases provides insightful forecasts on pivotal legal battles that could shape the landscape of American jurisprudence. More detailed analysis on these cases can be found on SCOTUSblog.
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