As President-elect Donald Trump prepares to enter office, his Justice Department is anticipated to revise many of the stances taken by the Biden administration on key Supreme Court issues.
According to The Washington Examiner, the incoming administration is expected to address significant policy areas including transgender rights, gun control, abortion, vaping products, immigration, and environmental regulations.
Throughout history, shifts in administration have typically led to reassessments of legal arguments in ongoing federal court cases. This cyclical shift in legal stances occurs approximately every four to eight years, making it a common aspect of presidential transitions.
The practice of reversing predecessor’s positions is well-established, as seen when President Joe Biden overturned several of the Trump administration's legal stands in 2021, a mirror to when Trump reversed policies from the Obama era.
The expected appointee for Solicitor General, D. John Sauer, played a significant role during Trump’s campaign by managing his criminal cases. He is predicted to continue the tradition of reversing previous legal positions under Trump’s new term.
According to Thomas Wolf of the Brennan Center for Justice, the Trump administration might revisit current positions in up to six major cases. These include divisive issues such as gun control and transgender rights.
In United States v. Skrmetti, the Supreme Court, which heard arguments on December 4, 2024, is addressing Tennessee's ban on gender-affirming care for minors, a case in which the Biden administration's supportive stance may soon shift.
The Trump administration’s stance could also change in Garland v. VanDerStok, which deals with the regulation of ghost guns. During the arguments observed in early August 2024, the justices seemed inclined to uphold current regulations on untraceable firearm kits.
In addition, the Supreme Court is dealing with Food and Drug Administration v. Wages and White Lion Investments, LLC, which questions the FDA's handling of flavored e-cigarette marketing applications. A less stringent stance by the incoming Trump administration is expected.
In another environmental-related legal debate, the prior Trump administration revoked California's power to set its vehicle emissions standards in Diamond Alternative Energy, LLC v. EPA. This authority might once again be challenged as the new administration revisits the issue.
The legality of the DACA program, critical for many immigrants brought to the U.S. as children, stands out in the ongoing State of Texas v. United States case. Trump has recently shown an openness to collaborate with Democrats for a legislative solution supporting the Dreamers.
The handling of abortion has been notably fluctuating, with Trump expressing variability in his stances. Reflecting on Trump's approach, Karoline Leavitt, Trump's campaign spokeswoman, highlighted the significance of public participation in such decisions in August 2024: "Everybody to vote." Justice Elena Kagan shared her concern about such shifts in foundational legal stances, stating: a really big deal that people should hesitate a long time over.
Similarly, Trump’s own words last month emphasized a cooperative approach regarding DACA: “I will work with the Democrats on a plan,” thereby indicating a potentially more collaborative phase of his presidency in terms of immigration policy.
These potential reversals signal a significant pivot in the U.S. legal landscape, with implications that may resonate through the judicial system, affecting both current and future legal proceedings in these critical areas.
