SACHA PFEIFFER, HOST:
It is opening day at the Supreme Court. That means we have our legal affairs correspondent Nina Totenberg with us here in our Washington studio to lay out what we know about the new term. Hi, Nina.
NINA TOTENBERG, BYLINE: Hi there.
PFEIFFER: Before we get into cases, let's talk about the conversation happening over the weekend about conservative Justice Samuel Alito potentially retiring. What can you tell us about that?
TOTENBERG: Well, there's been some pressure from fellow conservatives who want him to retire so a younger conservative can take his place while Republicans still control the White House and Congress. But he told CBS News that while he did think about stepping down this year, he decided against it.
(SOUNDBITE OF ARCHIVED RECORDING)
SAMUEL ALITO: I could still make a valuable contribution. It's hard to give up the opportunity to do something that I think will be good for the Constitution and good for the country as long as I'm able to do it.
PFEIFFER: So he may be with us, it sounds like, for the cases throughout this full term. And when we look at those cases and how the docket has changed, how would you explain the changes?
TOTENBERG: Well, to start out with the number of emergency appeals during the Trump administration has ballooned while the number of fully briefed and argued cases has plummeted. And the result of all that is that the Trump administration has managed, at least in the short run, to block most of the lower court decisions it doesn't like. That said, of course, the court will be hearing lots of fully briefed and argued cases, in addition, big test cases on immigration, guns, religion, climate change and, of course, the upcoming election is likely to make at least a guest appearance.
PFEIFFER: And as you look at all those cases, what's the No. 1 case getting your attention?
TOTENBERG: My No. 1 is a huge religion case.
PFEIFFER: Why is that one your focus?
TOTENBERG: Because on this subject, the current conservative court has already dramatically changed legal doctrine till it's, like, almost upside down. You know, for the better part of a century, the court emphasized the First Amendment separation of church and state, and to a lesser extent, the free exercise of religion. Today, those two doctrines have been turned into opposite conditions, as it were.
In this term's first big religion case, the question essentially is whether religious schools are entitled to full taxpayer funding. At issue is a Colorado law that provides universal preschool programs that are open to all students regardless of race, religion or gender identity. A Catholic parish in Colorado wants the state's money for its pre-K program, but it doesn't want to admit LGBTQ students or students with gay or lesbian parents. So the question boils down to whether the school can discriminate on the basis of sex or whether the state can deny taxpayer funding to the school because they're denying equal opportunities, so the argument goes. The outcome could have profound consequences for not just this case, but also, potentially, for public schools across the country, especially charter schools, which are public schools.
PFEIFFER: You said there's also a gun case on the docket. Tell us about that one.
TOTENBERG: Gun rights advocates are challenging laws in about a dozen states that ban semi-automatic weapons. And the challengers contend that these laws violate the Second Amendment right to bear arms. They note that the AR-15 is one of the most popular guns in this country, for instance. On the other side, supporters of assault weapon bans counter these weapons, which have often been used in mass shooting events, are simply too dangerous.
PFEIFFER: And Nina, briefly, there are also cases waiting in the wings - one's not quite there yet but very likely to be part of this term's work. Any of those you can talk about?
TOTENBERG: Well, we have unknowns and knowns in this category. We really don't know what, if any, election disputes will make it to the court. On the known side, it's almost certain - and the court will take up the question of the Ten Commandments. Four states have already passed laws requiring them to be posted in public school classrooms, but the Supreme Court would have to overrule its own precedents dating back almost a half century to do that.
PFEIFFER: NPR's Nina Totenberg, thank you.
TOTENBERG: Thank you. Transcript provided by NPR, Copyright NPR.
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