It is surely tempting to summarize the Supreme Court’s upcoming term in the voice of Charlie Brown’s teacher: ” Wah wah, wah wah wah wah , health care, wah wah wah wah , health care.” The court’s anticipated consideration of challenges to the Affordable Care Act would be momentous in any term; it becomes especially important when it occurs in the midst of the next presidential election. It is understandable that this potential case would receive most of the popular attention devoted to the court.
But health care is not the only important issue under consideration this term. To date, the court has announced its intention to decide cases presenting vexing questions of criminal, First Amendment, intellectual property, immigration and tax law. The justices also plan to wade deeply into topics such as justiciability, pre-emption and an unexpected focus on the rules governing lawsuits against government officials and their agents.
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