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Supreme Court Opens 2026-27 Term with Climate, Detention Cases

8/6/2026

Summary

Supreme Court Opens

The U.S. Supreme Court will open its 2026-27 term on Oct. 5, 2026, hearing Suncor Energy v. Commissioners of Boulder County.
On Oct. 13, 2026, the Court will decide Genalo v. Black, assessing whether detention without a bond hearing violates the Due Process Clause.
The Court scheduled seven two-week oral-argument sessions from October to April, with decisions due by June 2027.

Summary

Constitutional Center Urges

The Constitutional Accountability Center filed an amicus brief urging Supreme Court to permit state-law climate claims.
The brief rebuts President Donald Trump’s administration claim Constitution bars such suits and argues Clean Air Act supplements, not preempts, tort actions, citing Hencely v. Fluor Corp. (2026) and Virginia Uranium v. Warren (2019).
Because Boulder’s suit proceeds in state court without the state as a party, amici contend Congress—not the Court—should resolve pre-emption.

History

Historical Context

In 2007 the Supreme Court’s 5-4 decision in Massachusetts v. EPA declared greenhouse gases air pollutants, obligating the EPA to regulate them under the Clean Air Act. That ruling sparked state and environmental-group lawsuits, notably by California and the Sierra Club. The Court’s 2026-27 term now revisits those pre-emption issues, shaping future climate-law battles.

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Supreme Court Opens

The U.S. Supreme Court will open its 2026-27 term on Oct. 5, 2026, hearing Suncor Energy v. Commissioners of Boulder County.
On Oct. 13, 2026, the Court will decide Genalo v. Black, assessing whether detention without a bond hearing violates the Due Process Clause.
The Court scheduled seven two-week oral-argument sessions from October to April, with decisions due by June 2027.

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