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While many issues have not formally made it onto the docket, NPR reports issues that will likely be heard include healthcare, affirmative action and gay marriage.

Some big issues likely to be heard this session are:

HEALTH CARE

The president has asked the Supreme Court to rule on the constitutionality of the Patient Protection and Affordable Care Act. Lawsuits have been brought by 28 states, CNN reports.

The case will likely come down to whether Congress exceeded its powers by requiring that Americans buy insurance.

“The thrust of the complaint is the individual mandate. I think it is an argument, but not a very good one,” Charles Anthony Smith, an assistant professor of political science at University of California: Irvine, said. “The easy answer is that every single person uses medical treatment at some point, even if they just use medical treatment at the coroner doing their autopsy. Individual health is interrelated with health and welfare of the population. I doubt more than three people will want to overturn it. I think it will probably be upheld 6-3."

Jesse Choper, a professor of law at University of California: Berkley, also said that he thought the law would be upheld if it the Supreme Court decided to hear cases about the law.

“If they follow existing law, the are going to uphold it with six or seven votes,” Choper said.

He also said that the chances of the Supreme Court hearing a case about health care reform is very likely, but not a certainty.

“The government asked for it to be accelerated because they want to get it decided,” Choper said. “They petitioned the Supreme Court so the chances are very high that the court will respond, but the court might not want to decide so close to an election.”

Smith said that four justices need to vote for a case to be put on the docket for it to be heard. So, whether any health care reform law cases are heard depends on if four or more justices decide they want to hear the case.

STATE-ENACTED MEDICAID CUTS

A case being heard Monday, Douglas v. Independent Living Center of Southern California and California Medical Association, will test whether doctors, hospitals and patients can challenge state reductions in Medicaid payments that violate federal laws.

Federal Medicaid law establishes a federal-state program that is supposed to work together. The federal government assists states to give medical help to the poor, elderly and disabled. This program is voluntary. If a state participates, however, it must comply with federal requirements such as paying enough to health care providers that patients can access care, according to NPR.

The lower court in California decided it was illegal and ordered California to stop the cuts. The state, though, said Congress did not authorize this kind of lawsuit and that even if the state did act illegally, the only solution would be for the federal government to cut Medicaid funds which would take years and have negative consequences on others seeking medical assistance.

Smith said that the Supreme Court would likely carve out the case, which is what the Supreme Court has traditionally done in cases like this when Congress and the executive branch are not opposed.

AFFIRMATIVE ACTION

The court might also hear arguments about affirmative action, a policy that gives equal opportunities to minorities that have been discriminated against before. Affirmative action has garnered some controversy when minorities receive preferential selection.

“The court is probably going to punt this out and say ‘enough is enough,’” Smith said. “Universities, schools, fire departments, whatever can use any criteria they want so long as it is not of an objectionable material because it is easier to say this than come up with lists of things that are okay to do.”

Smith said the court will likely make this decision so it no longer has to be involved in affirmative action cases.
 
Choper said that it “is premature for this coming term” and unlikely that the Supreme Court will hear any affirmative action cases this session.

GAY MARRIAGE/DEFENSE OF MARRIAGE ACT

Even though there is some speculation that gay marriage or the Defense of Marriage Act will be heard by the court, many say this will not make it to the court, CBS reports.

“What really remains to be seen is the elephant standing in the shadow of the room and what the court hasn’t let us know is if it will decide any of the same sex marriage or health care reform cases,” Smith said.

Smith said he could not speculate whether any of these cases would actually be heard and Choper said it is “a tad too early” for these cases to be heard this term, but will likely be heard soon.

BROADCAST FREE SPEECH

Arguments will be heard later this session about whether the Federal Communications Commission’s indecency laws violate the right to free speech.

This case was brought forth by Fox and is backed by other broadcasters, NPR reports. Fox was issued fines for “indecent content” after the live broadcasting of the Billboard Award ceremony. A lower court ruled that the ban on indecency is too vague to be unconstitutional because the law is unclear to begin with.

It is likely that the Supreme Court will decide what, in terms of profanity and nudity, will be allowed on air, according to CNN.

Smith, however, said that it is unlikely a decision from the Supreme Court will result in any large-scale changes.

“The court has a difficult time trying to implore large-scale legal regime with media that is somewhat stale,” Smith said. “It’s been a while since the courts have done anything but tinkle at the margin of what is okay to broadcast. Any decisions would have only a short term effect because other news sources are becoming more popular.”

Smith said that because so much content is available online or on smartphones, what the court decides in the case will have little effect.

The court is also expected to hear cases about the legality of immigration laws passed in Arizona, strip searches for minor offenses and the installation of global positioning devices.

Reach associate news editor Hannah Madans here.