Supreme Court Opens October Term with a Short Docket and a Climate Suit

The Supreme Court opened its October 2026 term on Monday, the first Monday in October. Chief Justice John Roberts told the courtroom that the October 2025 term was closed and the new term was convened.

The first argument was Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County. Boulder and Boulder County sued Suncor and ExxonMobil in Colorado state court for local damages they attribute to greenhouse-gas emissions. The companies, backed by the Trump administration, asked the justices to hold that federal law bars the claims. Justice Samuel Alito did not sit. He withdrew last week over individual energy-stock holdings, though the Court’s legal office had advised that recusal was not required. Eight justices heard the case. A 4–4 split would leave the Colorado ruling in place without a national precedent. Counsel for the companies said more than 60 municipalities have filed similar suits. Roberts asked what would stop every state from copying the complaint if Boulder wins.

The second argument was Johnson v. United States Congress. Floyd D. Johnson, a veteran, challenges a federal statute that reduces disability payments while a veteran is incarcerated. The question is whether the Veterans’ Judicial Review Act bars a federal district court from hearing that constitutional claim. Alito returned to the bench for that argument.

Before arguments, the Court released a 42-page order list from last week’s long conference. It granted, vacated, and remanded Garcia v. Hobbs and Trevino v. Hobbs in light of Louisiana v. Callais, the April decision that raised the bar for race-based map claims. It also sent other cases back for reconsideration and asked the solicitor general for the government’s views in seven matters. Justice Sonia Sotomayor issued a statement respecting the denial of review in Mulkey v. Alabama. The list did not add a new block of high-profile grants.

About 25 to 30 cases are on the merits docket, roughly half a normal term. More can still be added. Already set or pending are Viramontes v. Cook County, on whether state bans on certain semiautomatic rifles satisfy the history-and-tradition test from New York State Rifle & Pistol Association v. Bruen, and Department of Homeland Security v. D.V.D., the merits fight over third-country deportations. The Court let that policy operate on an interim basis last year and has not yet ruled on the statute. Rhoney v. Barbosa da Cunha challenges the administration’s practice of holding many arrested noncitizens without bond. Appeals courts have split.

Petitions still awaiting action include Nathan v. Alamo Heights Independent School District, a challenge to a Texas law requiring public schools to display the Ten Commandments, and United States v. Talbott, the administration’s appeal of an injunction against the military policy on service members with gender dysphoria.

Tuesday’s argument is Anderson v. Intel Corporation Investment Policy Committee, an ERISA claim that a company invested retirement funds imprudently. Wednesday is Department of the Air Force v. Prutehi Guahan. The emergency docket remains open. On Sept. 28 the administration asked the Court to review Bureau of Prisons rules on medical care for transgender inmates. A response was due Monday afternoon.

The term runs through Oct. 3, 2027. Most argued cases will be decided by the end of June.