Supreme Court Poised to Tinker with Decades-Old Precedents, Including Prayer at High School Football Games and Independence for Agency Leaders

The upcoming Supreme Court term presents an opportunity for several high-profile decisions to be revisited or overturned entirely, including the 2015 landmark ruling on same-sex marriage. Here are some past rulings that may potentially face reconsideration in the coming months.

One such case involves the 1935 decision Humphrey’s Executor v. US, which shields heads of independent federal agencies from being fired by the president without cause. This precedent has recently become a target for conservative justices, with several emergency orders allowing President Trump to dismiss leaders of independent agencies appointed by former President Biden.

The court’s liberal wing has expressed concern that the Humphrey’s decision is effectively dead due to these recent decisions. If an appropriate case challenging this precedent reaches the Supreme Court, it could be the next ruling they overturn.

Another notable case revolves around campaign finance limitations set by a 2001 decision, FEC v. Colorado Republican Federal Campaign Committee. A lawsuit led by Senate candidate JD Vance and other Republicans argues that this decision is an “aberration” and should be reversed. They contend that the caps are inconsistent with the Supreme Court’s modern campaign finance doctrine and have harmed the political system by driving donors towards super PACs.

The recent Supreme Court appeal from former county clerk Kim Davis, who refused to issue marriage licenses to same-sex couples on religious grounds, has raised concerns about the court overturning its decade-old Obergefell decision. While there are signs that five justices may be willing to review the case, it is unlikely to serve as the primary vehicle for reconsideration.

In Louisiana, a case involving the state’s congressional districts map could have significant implications for the Voting Rights Act. If the court sides with “non-Black voters,” it could gut a key provision of the act and make it difficult to enforce when it comes to redistricting. This outcome would effectively overturn a line of Supreme Court precedents dating back to Thornburg v. Gingles, decided in 1986.

In another case, the family of Air Force Staff Sgt. Cameron Beck, who was killed in a traffic accident involving a government-issued van, will have their appeal reviewed by the Supreme Court next month. The Feres Doctrine, a 1950 decision severely limiting damages litigation from service members and their families, is at the center of this case. Critics argue that the doctrine’s sweeping bar to recovery for servicemembers is out of line with Congress’ intent.

Lastly, religious groups are challenging a 25-year-old Supreme Court precedent (Santa Fe Independent School District v. Doe) that bars prayer from being broadcast over the public address system before high school football games. With a series of significant rulings thining the wall between church and state, this precedent may face reconsideration when the justices meet in late September to decide whether to grant new appeals.