Supreme Court Releases November Arguments, Birthright Citizenship Order Challenged

WASHINGTON – The Supreme Court on Tuesday released its calendar for the November argument session, scheduled from November 2 to November 10. The calendar includes oral arguments on issues such as a Catholic preschool's challenge to its exclusion from a Colorado program and an inmate's ability to sue a federal prison official.

Meanwhile, President Donald Trump commented on Justice Samuel Alito's planned return for the Supreme Court's 2026-27 term. "Great news for our Country!" Trump wrote on Truth Social. Alito "is one of the Greatest of All Time. We are all lucky!"

Separately, the Trump administration on July 27 asked the Supreme Court to permit the implementation of President Trump's executive order on mail-in voting. Twelve states, led by Alabama, filed a similar request. A group of 23 states and the District of Columbia challenging the order urged the court to deny these applications. The court has received all briefs on this matter.

Legal challenges have also arisen regarding a new executive order signed by President Trump aimed at limiting birthright citizenship. Five days after the order's signing, lawyers representing plaintiffs who successfully challenged a previous birthright citizenship order returned to federal court in New Hampshire. The lawyers, from the ACLU and other civil rights organizations, asked U.S. District Judge Joseph Laplante to clarify that the new order exceeds the limited exception for foreign diplomats, which the Supreme Court affirmed in its June 30 decision in *Trump v. Barbara*.

Additional legal developments include the federal government's appeal of an order from Judge Richard Eaton of the U.S. Court of International Trade. Judge Eaton had ruled that U.S. Customs and Border Patrol must issue refunds to all companies that paid tariffs deemed illegal in February, even those that did not file lawsuits. The government filed its opening brief with the U.S. Court of Appeals for the Federal Circuit, arguing that Eaton's decision conflicts with a 2025 Supreme Court ruling limiting universal injunctions.

In other court-related news, Olympus Spa in Washington state on Monday asked the Supreme Court to review its policy on transgender access. The policy permits transgender women but not those who are preoperative or possess male anatomy. The spa is appealing a 9th Circuit Court of Appeals decision that found the policy violated a state law prohibiting discrimination based on sexual orientation, gender expression, or identity.

Chief Justice John Roberts, in an essay for *In Pursuit*, reflected on William Howard Taft's tenure as Chief Justice, stating that "Chief Justice Taft achieved the success that eluded President Taft." Roberts noted Taft's role in enhancing the Court's authority and prestige, including establishing the precursor to the federal judiciary's policymaking body and securing funding for the Court's building.

Scholar Noah Feldman explored potential reasons for Justice Alito's decision to remain on the bench. Feldman suggested that with the shift in the Court's ideological balance in 2020, Alito moved to a more influential position within the Court, which may have influenced his decision not to retire.