Supreme Court Faces Delay with 23 Major Cases Pending Near Term End
The Supreme Court has 23 major cases still undecided as its 2025-26 term approaches July end.
Why it matters: Lawyers and in-house counsel depend on timely Supreme Court rulings to guide legal strategies and business risk assessments on key issues such as voting rights and executive authority.
- 23 out of 58 argued cases remain undecided as of June 9, 2026.
- The Court typically finishes rulings by late June, but this term is slower than usual.
- Pending cases involve birthright citizenship, executive removal powers, transgender athlete rules, mail-in ballots, and campaign finance.
- A surge in emergency applications has delayed regular docket decisions, with the federal government seeking emergency relief at an unprecedented rate.
As the Supreme Court nears the end of its 2025-26 term, 23 cases remain undecided out of 58 argued, according to KPBS. The Court usually issues most rulings by late June, concluding its term by early July.
The delay comes amid a surge in emergency applications — urgent requests the Court addresses outside its normal docket. These include injunctions and stays that require immediate attention. Covington & Burling partner Sarah Harrington highlights this unprecedented spike, especially from the federal government, which has notably increased emergency relief requests this term.
This shift has diverted the Court’s attention from its regular (merits) docket—cases fully argued and awaiting decision—slowing opinion releases. Pending cases involve critical issues such as the constitutional right to birthright citizenship, limits on presidential executive removal power, eligibility rules for transgender athletes in sports, regulations on mail-in ballots, and campaign finance laws.
Earlier this term, the Court issued major rulings on the Voting Rights Act and revoked parts of former President Trump’s tariff program. However, the delay in pending decisions creates uncertainty for litigators and corporate counsel reliant on these rulings to shape strategy and compliance.
These dynamics reveal challenges in the Court’s docket management amid increasing case complexity and urgent demands. Legal professionals should monitor developments closely as delays may affect timing and planning for significant legal and regulatory issues.
By the numbers:
- 23 pending cases — out of 58 argued as of June 9, 2026
- Late June — typical deadline for Supreme Court rulings
- Unprecedented federal emergency relief requests — cited as cause for docket delays
Yes, but: While emergency applications are slowing the merits docket, the Court prioritizes urgent national matters requiring immediate rulings, balancing workload accordingly.
What's next: The Supreme Court’s 2025-26 term officially ends in early July with decisions expected soon, but the exact timing remains uncertain due to the backlog.