Supreme Court

The morning read for Friday, Nov. 29

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Friday morning read:

The Supreme Court will hear arguments over Tennessee’s ban on gender-affirming care for minors (Mark Sherman & Geoff Mulvihill, The Associated Press)
Supreme Court hosts government power struggle over flavored vapes (Kelsey Reichmann, Courthouse News Service)
The Supreme Court restrained Trump last time. Will it do so again? (Justin Jouvenal and Ann E. Marimow, The Washington Post)

… Read the rest

Supreme Court

Supreme Court to hear dispute over FDA rejection of flavored vapes

The Supreme Court will hear oral arguments on Monday in a dispute over the Food and Drug Administration’s rejection of two companies’ applications to sell flavored liquids for use in e-cigarettes. A federal appeals court in Louisiana set aside the FDA’s orders denying applications by Triton Distribution and Vapetasia, complaining that the agency had sent those companies and other makers of e-cigarette products “on a wild goose chase.”

The stakes in the case are high: Medical groups, including the … Read the rest

Supreme Court

Supreme Court to consider IRS’s claim on pre-bankruptcy tax payments

When someone makes a payment to a creditor shortly before filing for bankruptcy, the Bankruptcy Code requires the creditor to return the funds. But whether those same obligations apply to the Internal Revenue Service is less clear. On Monday, the justices will consider whether the IRS is protected by sovereign immuinity from the requirement to return funds from insolvent debtors that private creditors face.

The case, United States v. Miller, involves Section 544(b) of the Bankruptcy Code, which … Read the rest

Supreme Court

Court rejects bid for compensation over police raid damages to Texas woman’s home

The Supreme Court declined on Monday morning to hear the case of a Texas woman seeking compensation for damage to her home inflicted by a SWAT team pursuing a fugitive. The denial of review in Baker v. McKinney came on a list of orders from the justices’ private conference on Friday.

Justice Sonia Sotomayor, joined by Justice Neil Gorsuch, issued a statement regarding the court’s decision not to take up the case. She noted that the woman’s case presented … Read the rest

Supreme Court

Court grants challenge to FCC subsidies over nondelegation doctrine

The justices on Friday created the prospect of another major ruling on the role of administrative agencies and Congress’s ability to delegate power to those agencies. At the Biden administration’s request, the court agreed to review a ruling by the U.S. Court of Appeals for the 5th Circuit that invalidated parts of a program by the Federal Communications Commission to improve internet and phone services in underserved areas.

The court of appeals said that the program violated the Constitution … Read the rest

Supreme Court

Western Apache group calls on court to block approval of copper mine on sacred site

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

Federal law limits the government’s ability to place a substantial burden on the free exercise of religion. Yet as long as Congress does not intentionally discriminate against a particular faith, the Supreme Court has permitted the legislative branch to manage internal government operations — for example, by allowing private development … Read the rest

Supreme Court

The morning read for Tuesday, Nov. 19

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Tuesday morning read:

U.S. Supreme Court will not review St. Clair capital murder case (Ralph Chapoco, Alabama Reflector)
US Supreme Court rejects appeal over patent validity in Postal Service case (Blake Brittain, Reuters)
Would Trump’s Justices Approve His Recess Appointments? (Jed Rubenfeld, The Wall Street Journal)
FDR’s Compliant Justices (Jed S. Rakoff, The New York Review of Books)
‘This is

… Read the rest

Supreme Court

The morning read for Friday, Nov. 15

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Friday morning read:

Lawyer who argued for Trump’s immunity at Supreme Court is tapped for solicitor general (Josh Gerstein, Politico)
Trump picks lawyer who won his presidential immunity case for solicitor general (Alex Swoyer, The Washington Times)
Supreme Court Wary of Big Ruling in Nvidia Shareholder Case (Greg Stohr, Bloomberg)
Supreme Court Justices Discuss Peanut the Squirrel’s Death (James Bickerton,

… Read the rest