News & Analysis as of August 16, 2025

Judicial Deference

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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 -

High Court Could Further Limit Deference With TCPA Fax Case in Law360

Rumberger | Kirk on 5/1/2025

Are district courts bound by both interpretive and final rules issued by the Federal Communications Commission? The U.S. Supreme Court‘s decision to hear the case of McLaughlin Chiropractic Associates Inc. v. McKesson...more

Supreme Court Clarifies Standard of Appellate Review of Creditor’s Insider Status

Skadden, Arps, Slate, Meagher & Flom LLP on 4/25/2018

In U.S. Bank N.A. v. Village at Lakeridge, LLC, the U.S. Supreme Court issued an important decision on standards of appellate review, holding that appellate courts should review a bankruptcy court’s determination of whether a...more

US Supreme Court To Consider Degree of Deference Courts Should Give Foreign Countries' Interpretation of Their Laws

Skadden, Arps, Slate, Meagher & Flom LLP on 1/26/2018

On January 12, 2018, the United States Supreme Court granted certiorari in Animal Science Products v. Hebei Welcome Pharmaceutical Co. (In re Vitamin C Antitrust Litigation), No. 16-1220. The issue before the Supreme Court is...more

Supreme Court Confirms Deferential Standard of Review for EEOC Subpoenas

Mintz - Employment Viewpoints on 4/25/2017

Earlier this month, the Supreme Court confirmed that federal appeals courts should apply a deferential standard of review to federal district court determinations regarding the legal sufficiency of EEOC subpoenas....more

Supreme Court Limits EEOC Subpoena Power

Fisher Phillips on 4/4/2017

In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By...more

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