Bloomberg Law SCOTUS Cases: Transgender Athletes, Death Penalty & Guns
Dec 3, 2025
Join constitutional law experts David Super and Harold Krent as they dive into critical Supreme Court cases. Super delves into the implications of the death penalty for inmates with conflicting IQ scores and the legal challenges faced by transgender athletes in light of recent bans. Krent discusses the Third Circuit's ruling on the illegal appointment of Alina Habba as New Jersey's U.S. Attorney and its impact on prosecutorial practices. Their insights illuminate the complexities of constitutional law and the evolving landscape of civil rights.
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Court Signals Readiness To Overrule Precedent
- The Court appears willing to chip away at precedents protecting agency independence.
- Super notes the justices have signaled readiness to overrule Humphrey's Executor in many contexts.
Federal Reserve Might Be Treated Specially
- The Court may treat the Federal Reserve differently from other agencies.
- Super finds it odd to carve out Federal Reserve independence while chipping away at other agencies.
Campaign-Spending Ruling Could Open Floodgates
- Striking down limits on coordinated party spending would expand political money channels.
- Super warns money would flow to outside groups acting as party annexes, reducing disclosure and accountability.