Supreme Court Set to Issue Opinions as Congress Debates Court Size

The Supreme Court will issue opinions Thursday morning at 9:30 a.m. EDT, followed by a private conference where justices will discuss cases and vote on petitions for review. The court will release orders from that conference Monday at 9:30 a.m. EDT.

## Capitol Hill Amendment Advances

The House Judiciary Committee voted 15-8 along party lines Wednesday to advance a proposed constitutional amendment that would limit the Supreme Court to nine justices. Republicans backing the measure cited concerns that the opposing party could expand the court if it gained control of Congress. The amendment would require two-thirds approval from both the House and Senate, followed by ratification from 38 states to take effect.

Democrats opposed the measure. The amendment faces significant procedural obstacles before any state ratification vote.

## Tariff Framework Unveiled

The Trump administration announced late Tuesday a tariff proposal following investigations into forced labor practices by trading partners. The Office of the U.S. Trade Representative would impose a 10 percent tariff on imports from Canada, Mexico, the European Union, Taiwan, and the United Kingdom, among others. Products from China, India, Japan, South Korea, Brazil, and Switzerland would face 12.5 percent duties.

The proposal follows a Supreme Court decision earlier this year that struck down the administration's previous tariff system. The new framework relies on Section 301 of the Trade Act of 1974, a separate legal authority.

## Refund Disputes Continue

The Trump administration filed an emergency appeal Tuesday night seeking to block a court order requiring U.S. Customs and Border Protection Commissioner Rodney S. Scott to testify next week about the tariff refund process.

The administration also filed notice of intent to challenge a Court of International Trade order requiring the government to refund $166 billion collected through tariffs the Supreme Court ruled illegal. The government has said it will not automatically process refunds for businesses that paid tariffs before the court's ruling. Instead, importers must file their own lawsuits seeking refunds.

## Same-Sex Marriage Support Shifts

A Gallup poll conducted in May found that 65 percent of U.S. adults believe same-sex marriage should be legal, down from 71 percent in 2022 and 2023. Support has flattened after two decades of steady increases, with Republican support declining.

Lawmakers in at least 11 states introduced legislation in recent sessions addressing same-sex marriage. Tennessee's House passed a measure allowing private citizens and organizations to decline recognizing such unions. Idaho's House passed a resolution calling on the Supreme Court to overturn its 2015 decision legalizing same-sex marriage nationwide. Most introduced measures did not advance.

## Federal Court Examines Home Distilling Ban

Two federal circuit court decisions on a ban against home distillation of spirits have set up a likely Supreme Court fight over the scope of government power. The ban stems from 19th-century tax policy and prohibits distilling consumable spirits in dwelling houses.

The government argues the ban qualifies as a "necessary and proper" exercise of its taxing authority and falls within Congress's power to regulate interstate commerce. The cases will determine whether the 1868 law exceeds constitutional limits on government authority.

## Court Personnel NDAs Surface in Debate

The Trump administration is drafting a nondisclosure agreement for federal workers that the Office of Personnel Management hopes to impose on millions of employees. The administration cited the Supreme Court's use of confidentiality agreements with staff as precedent.

Chief Justice John Roberts's use of NDAs with court employees became public in a February New York Times report. Commentators have raised questions about whether such agreements align with transparency principles underlying democratic governance.

## Pending Cases and Court Dynamics

The Supreme Court is considering four newly relisted petitions addressing prolonged detention of noncitizens without bond hearings and whether six-person juries satisfy Sixth Amendment requirements.

Analysts examining the current court composition note recurring disagreements among the six Republican-appointed justices over how broadly to write opinions, how far to extend legal doctrines, and what authority courts should exercise in technically complex cases. Such divisions exist alongside the larger ideological split between the Republican and Democratic appointees.

## School Hat Case Heads to Conference

The justices will consider Thursday whether to hear a case involving a third-grader required to remove a baseball cap featuring a rifle and the phrase "come and take it" during a school kindness event in Michigan.

School officials defended the removal by citing the dress code prohibiting offensive clothing with violent themes and concerns about disruption, particularly given a school shooting in a nearby town months earlier. A federal appeals court upheld the removal under the 1969 Tinker standard, which permits schools to restrict student speech that threatens substantial disruption.

The student's petition argues the school acted on speculation about the hat's effect on classmates and that school officials only raised the shooting rationale after the lawsuit began. School officials counter that the case presents unusual circumstances unsuitable for establishing new constitutional standards.