The Supreme Court is set to weigh in on cases that could recalibrate executive power, influence the 2026 midterms, and offer its view on birthright citizenship. Several significant rulings are expected early in the year
Among them is Learning Resources v. Trump, which could either curb President Donald Trump’s authority to issue worldwide tariffs, which have become his signature economic policy, or broaden executive control to reshape global trade without congressional approval. Another is Trump v. Slaughter, a separation-of-powers dispute over whether Congress can insulate some executive branch officials from at-will firing.
Here’s a look at key issues pending before the court in 2026:
Immigration Policy
The Supreme Court will take up birthright citizenship in the coming months in Trump v. Barbara, a challenge to an executive order directing agencies to deny citizenship documents to some US-born children of undocumented immigrants and visa holders.
Lower courts have uniformly blocked the policy, which drew skepticism from the justices during May arguments in a related case focused on nationwide injunctions. Supporters of the order argue courts have long misread the Fourteenth Amendment, saying its citizenship guarantee was limited to the children of freed slaves.
The justices have also agreed to review a former homeland security policy that allowed officials to turn back asylum seekers at the border without reviewing their claims.
The “metering” policy, used under Presidents Barack Obama and Trump in his first term, and later rescinded by President Joe Biden, was struck down by the US Court of Appeals for the Ninth Circuit on grounds it violated the Administrative Procedure Act. The justices granted review in Noem v. Al Otro Lado in November after the solicitor general said the ruling deprives the executive branch of a “critical tool” for addressing surges at the border.
Potentially headed to the high court are challenges to administration moves to end temporary protected status for Venezuelans, limit immigration judges’ private speech, and a case over race-based immigration enforcement derided as “Kavanaugh stops.”
Presidential Power
The Supreme Court will provide answers on the reach of presidential power.
In cases centered around Trump’s attempted firings of Democrats on the Federal Trade Commission and Federal Reserve, the justices will decide whether independent multi-member commissions unconstitutionally constrain presidential authority, implicating numerous agencies and a model of governance that’s existed for decades.
While the court has largely sided with the president this year, the justices during arguments on Nov. 5 appeared likely to reject Trump’s contention that he has authority to impose tariffs through a 1977 emergency law.
The administration is better positioned in its efforts to fire Democratic officials at numerous regulatory agencies. During arguments on Dec. 8, the conservative justices signaled they’ll abandon precedent granting removal protections to members of independent commissions.
Justice Brett Kavanaugh indicated he was interested in exceptions for the Federal Reserve, and other conservatives raised the prospect of a narrow ruling.
Transgender Rights
In West Virginia v. B.P.J. and Little v. Hecox, the Supreme Court will decide whether the Fourteenth Amendment allows states to bar transgender women and girls from participating in female sports teams. The cases challenge laws in West Virginia and Idaho that lower courts have blocked as violating the Equal Protection Clause.
The Jan. 13 arguments will mark the court’s first transgender rights case since United States v. Skrmetti last December, which upheld Tennessee’s ban on puberty blockers and hormone therapy for minors with gender dysphoria.
Another case to watch is Trump v. Orr. The ACLU challenged a Trump order requiring passports and other federal IDs to reflect holders’ sex “at conception.” The court let the policy take effect in November while the case proceeds through the First Circuit.
Gun Rights
In October, the court agreed to consider whether the Second Amendment allows a federal law banning firearm possession by drug users and addicts.
The law has received increased attention after it was used to convict Hunter Biden. The case, United States v. Hemani, puts the administration in the unusual position of advocating against gun rights. The solicitor general argues there are “compelling legal and historical reasons” to uphold the law, which the Fifth Circuit held was unconstitutional absent evidence of impairment at the moment of possession.
The justices will also hear Wolford v. Lopez, which asks whether a Hawaii law barring individuals from carrying firearms on private property open to the public without the owner’s permission violates the Second Amendment. Arguments will be Jan. 20.
Other petitions seeking intervention on laws barring felons from possessing firearms and possession of AR-15s await action. Justice Brett Kavanaugh wrote in June that he thought the court would take up the AR-15 question in coming terms.
Voting Maps
The justices are poised to decide cases that will affect upcoming elections, with enormous implications for mail-in voting and the use of race in drawing congressional maps.
Disputes include whether the Constitution allows the intentional creation of heavily minority districts in response to successful vote-dilution claims under Section 2 of the Voting Rights Act. The court heard arguments in the case Oct. 15, which progressive groups say could affect up 19 congressional districts.
The Supreme Court will also consider a Republican Party challenge to a Mississippi law allowing mailed ballots to be counted as many as five business days after Election Day, which could affect how roughly 30 states administer elections.
The justices are, meanwhile, weighing a separate Republican challenge of a law that sets limits on political party spending in coordination with federal candidates. The court heard arguments Dec. 9, with Republicans pushing the justices to again relax campaign-finance restrictions and the Democratic Party backing the caps.
Rulings in all disputes this term are expected by July.
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