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Supreme Court

Supreme Court will consider major case on power of federal regulatory agencies

Nearly 40 years ago, in Chevron v. Natural Resources Defense Council, the Supreme Court ruled that courts should defer to a federal agency’s interpretation of an ambiguous statute as long as that interpretation is reasonable. On Monday, the Supreme Court agreed to reconsider its ruling in Chevron.

The question comes to the court in a case brought by a group of commercial fishing companies. They challenged a rule issued by the National Marine Fisheries Service that requires the fishing industry to pay … Read the rest

Supreme Court

Supreme Court further delays ruling on access to abortion pill

In a brief order, the Supreme Court continued to place on hold a trial judge’s ruling blocking the FDA’s approval of mifepristone, one of two drugs used in medication abortions. Wednesday’s order extends the court’s “administrative stay” – i.e., a stay designed to give the justices time to consider the request – of the trial judge’s ruling until Friday at midnight. The justices are extremely likely to issue a further ruling before the administrative stay expires.

A court of … Read the rest

Supreme Court

What to do with the abortion case on the Supreme Court’s docket?

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

The Supreme Court will observe St. Patrick’s Day this year by meeting in conference to discuss which of the 184 petitions and applications for resolution that day should be granted favorable consideration. Only one of those cases is newly relisted: Chapman v. Doe. Jane Doe, then an unemancipated 17-year-old, went to Missouri … Read the rest

Supreme Court

Arthrex seeks second Supreme Court intervention in patent clash

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Two years ago, the court ruled that medical device maker Arthrex, Inc., was wronged when the government made a final decision on a dispute over one of its patents by a panel of internally appointed officials. The justices held that the Constitution requires reviewability by a more senior patent officer … Read the rest

Supreme Court

Supreme Court investigators fail to identify who leaked Dobbs opinion

The Supreme Court has not been able to determine who leaked a draft of Justice Samuel Alito’s opinion in Dobbs v. Jackson Women’s Health Organization, the court said on Thursday.

The unprecedented leak last May revealed that the court was privately poised to overturn the court’s landmark decisions establishing a constitutional right to an abortion. The court indicated on Thursday that investigators would continue to review some additional evidence, but the court’s two-page statement left open the possibility … Read the rest

Supreme Court

Elon Musk, internet freedom, and how the Supreme Court might force big tech into a catch-22

“The bird is freed,” Elon Musk tweeted on the night he completed his $ 44 billion purchase of Twitter.

What he didn’t say is that a series of court cases may soon clip its wings.

A self-described free-speech absolutist, Musk has suggested he will loosen Twitter’s content-moderation rules, allow more objectionable speech to remain on the site, and reinstate some users who have been banned. Three days after reassuring advertisers that he won’t let Twitter become a “free-for-all hellscape,” he … Read the rest

Circuit Courts

Supreme Court Fellowship Program Resumes with 4 New Fellows

Four new U.S. Supreme Court Fellows are set to begin their 2022-2023 fellowships in September. They are the first to experience the program in-person in nearly two years; the COVID-19 pandemic forced the 2020-2021 class to work virtually and led to a decision to pause the program the following year.
Judiciary News – United States Courts… Read the rest

Supreme Court

End-of-term reviews for the 2021-22 Supreme Court term

We’ve compiled a list of events offering expert analysis on the Supreme Court’s 2021-22 term. All are free and available to the public.

University of California, Irvine School of Law’s 12th Annual Supreme Court Term in Review moderated by Michele Goodwin, with panelists Erwin Chemerinsky, Mary Franks, Regina Maphone, Mark Stern, and Mary Ziegler (July 6, 1 p.m. EDT)
American Judicature Society’s Supreme Court 2021-22 Term in Review presented by Tom Goldstein (July 6, 6 p.m. EDT)
Anti-Defamation League’s

… Read the rest