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Supreme Court of the United States › Constitutional Challenges

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
WilmerHale

Supreme Court To Decide Significant Case On When To Bring Constitutional Challenge Against State Attorney General In Federal Court

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On June 16, 2025, the Supreme Court granted certiorari in a case from the Third Circuit regarding the availability of a federal forum to raise constitutional challenges to a subpoena issued by a state attorney general....more

Dorsey & Whitney LLP

The Supreme Court Update - June 23, 2025

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On June 20, 2025, the Supreme Court of the United States issued six decisions: Diamond Alternative Energy, LLC v. Environmental Protection Agency, No. 24-7: This case addresses fuel producers’ Article III standing to...more

Foley Hoag LLP

CMS Rescinds Post-Dobbs EMTALA Guidance, Raising New Questions for Emergency Departments

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I. Key Takeaways - Federal enforcement under the Emergency Medical Treatment and Labor Act (EMTALA) may be changing after the Centers for Medicare & Medicaid Services (CMS) rescinded guidance issued under the Biden...more

Holland & Hart LLP

Supreme Court Clarifies Path for Nuclear License Challenges and NRC Authority

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The Supreme Court’s decision in NRC v. Texas gives nuclear energy generators and storage facilities, as well as NRC, the latest win in the decades-long struggle over used-fuel storage....more

Epstein Becker & Green

A Headliner Upholding a State Ban on Transition Care for Transgender Minors Leads the Latest Five Decisions - SCOTUS Today

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To anyone who has followed the case of United States v. Skrmetti, especially those who attended or listened to the oral argument, the U.S. Supreme Court’s 6–3 holding that a Tennessee law prohibiting certain medical...more

Husch Blackwell LLP

Importers Seek Review by Supreme Court of Challenge to IEEPA Tariffs

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On June 17, 2025, the two importers who filed a lawsuit in U.S. District Court challenging President Trump’s authority to issue tariffs under the International Emergency Economic Powers Act (“IEEPA”) petitioned the Supreme...more

Seyfarth Shaw LLP

Supreme Court Upholds Tennessee Transgender Care Ban

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In a widely awaited for decision, the Supreme Court in a 6-3 opinion authored by Justice Roberts held that a Tennessee law which prohibits certain medical treatments (puberty blockers and hormones) for transgender minors,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Upholds Tennessee Law Prohibiting Gender-Affirming Care for Children

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On June 18, 2025, the Supreme Court of the United States ruled that a Tennessee law banning gender-affirming care for minors does not classify on the basis of sex in ways that would require heightened scrutiny under the Equal...more

Dorsey & Whitney LLP

The Supreme Court Update - June 18, 2025

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The Supreme Court of the United States issued six decisions today: United States v. Skrmetti, No. 23-477: This case addresses a constitutional challenge to Tennessee’s Prohibition on Medical Procedures Performed on Minors...more

Ballard Spahr LLP

Reverse Discrimination Lawsuits Are So Back

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On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse...more

A&O Shearman

Supreme Court Declines To Hear Constitutional Challenge To FINRA’s Enforcement Powers

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On June 2, 2025, the U.S. Supreme Court declined to hear a challenge brought by a member firm against the enforcement power given to the Financial Industry Regulatory Authority (“FINRA”). The Court’s decision to turn away...more

King & Spalding

Affordable Care Act Preventative Care Mandate At Risk Pending Supreme Court Decision

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A case pending before the Supreme Court could jeopardize the Affordable Care Act’s (ACA) mandate that certain preventive services be provided on a first dollar coverage basis to plan members. Kennedy v. Braidwood Management...more

Jenner & Block

[Ongoing Program] CLE Relay - Session 4 - US Supreme Court Term in Review - June 26th, 12:00 pm - 1:30 pm PDT

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This CLE Relay session will discuss recent developments at the Court, as well as high-profile cases from last Term and this Term, including cases addressing agency authority, Presidential immunity, the Second Amendment, and...more

Adams & Reese

Split U.S. Supreme Court Decision Leaves Religious Charter School Ban Intact

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On May 22, 2025, the U.S. Supreme Court issued a per curiam decision in Oklahoma Statewide Charter School Board v. Drummond, resulting in a 4-4 split due to the recusal of Justice Amy Coney Barrett. The Court’s split decision...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Clarifies FSIA Personal Jurisdiction Standard

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On June 5, 2025, the U.S. Supreme Court in CC/Devas (Mauritius) Ltd., et al. v. Antrix Corp., et al., No. 23-1201 held that personal jurisdiction exists over a foreign entity under the Foreign Sovereign Immunities Act (FSIA)...more

Dorsey & Whitney LLP

The Supreme Court Update - June 9, 2025

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On June 6, 2025, the Supreme Court of the United States granted certiorari in four cases: Coney Island Auto Parts Unlimited, Inc. v. Burton, No. 24-808: This case concerns the applicability of the “reasonable time”...more

Troutman Pepper Locke

Will DBE Fraud Continue to Be Prosecuted? The Impact of the Kousisis Decision in the Shifting Affirmative Action Landscape

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On May 22, the Supreme Court in Kousisis, et al., v. United States, affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department...more

Wiley Rein LLP

Supreme Court Blocks Mexico’s Gun Lawsuit: PLCAA Shields U.S. Firearm Makers from Litigation

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On June 5, 2025, the U.S. Supreme Court held unanimously, in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, that the gun-manufacturer and gun-distributor defendants sued by Mexico for negligence and related torts...more

Goulston & Storrs PC

This Court Case May Alter the Rights of Drone Pilots Nationwide...and Nobody has Noticed

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The Supreme Court may be about to accept an appeal with enormous potential to decide the airspace rights of drones in the United States, and nobody in the drone community seems to have noticed. Cases concerning drone flights...more

Amundsen Davis LLC

U.S. Supreme Court Upholds Catholic Charity’s Religious Exemption From Wisconsin Unemployment Tax

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In a 9-0 decision authored by Justice Sonia Sotomayor, the U.S. Supreme Court overturned a ruling by the Wisconsin Supreme Court, which held that Catholic Charities Bureau Inc. (the “Charities) and its subsidiaries were not...more

Carlton Fields

U.S. Supreme Court Denies Alpine’s Petition Challenging Constitutionality of FINRA Enforcement Proceedings

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On June 2, 2025, the U.S. Supreme Court denied a petition for writ of certiorari filed by Alpine Securities Corp. in Alpine Securities Corp. v. Financial Industry Regulatory Authority. In doing so, the Supreme Court declined...more

Snell & Wilmer

Trump Administration Rescinds Emergency Abortion Guidance

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On June 3, 2025, the Trump administration announced (the Announcement) that it would no longer follow Biden-era guidance (the Guidance) that directed hospitals to provide emergency abortions to pregnant women in emergency...more

Snell & Wilmer

Supreme Court Review Sought for Legality of Washington Tribal Gaming Compacts

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The United States Supreme Court will consider whether to review the legality of the Washington tribal gaming compacts as a result of a petition for writ of certiorari (cert) filed in the lawsuit, Maverick Gaming LLC v. United...more

Dorsey & Whitney LLP

The Supreme Court Update - June 2, 2025

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The Supreme Court of the United States granted certiorari in four cases today: Bost v. Illinois State Board of Elections, No. 24-568: This case involves an Illinois law that required mail-in ballots to be counted as long...more

Ice Miller

Historic Rulings on Tariffs Set Stage for Potential Supreme Court Showdown

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On May 29, 2025, the U.S. District Court for the District of Columbia issued two historic rulings in the case of Learning Resources, Inc., et al., vs. Donald Trump, et al. First, it ruled that the Court of International Trade...more

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