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Supreme Court of the United States › Judicial Review

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 -
Pillsbury - Gravel2Gavel Construction & Real...

The Supreme Court’s Administrative and Regulatory Law Rulings in the 2024 Term and Preview of Cases to Be Decided in Fall 2025

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This post reviews the U.S. Supreme Court’s significant regulatory and administrative law decisions from the Court’s 2024 Term and previews cases on the docket for Fall 2025. ...more

Seyfarth Shaw LLP

Ninth Circuit Upholds Venezuelan TPS Protections; USCIS Terminates 2021 Designation Anyway

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In a critical ruling that preserves stability for many Venezuelan nationals in the U.S., the Ninth Circuit Court of Appeals affirmed a district court’s order that prevents the abrupt termination of Temporary Protected Status...more

Axinn, Veltrop & Harkrider LLP

D.C. Circuit Allows FTC Commissioner Slaughter to Be Reinstated, but the Supreme Court May Soon Decide Otherwise

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Yesterday, the D.C. Circuit issued the latest decision in the saga over President Trump’s firing of the Democratic Federal Trade Commission (FTC) Commissioners. That decision sets the stage for a likely emergency application...more

Vinson & Elkins LLP

A New Two-Step Dance: Supreme Court Decision Complicates Relief for Government Grant and Contract Terminations

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Organizations challenging an agency’s termination of a grant or government contract based on an allegedly illegal government policy need to master a two-step dance, according to a recent U.S. Supreme Court decision. Under the...more

WilmerHale

Federal Agencies Issue New NEPA Procedures in Response to Executive Order 14154 and the Supreme Court’s Seven County Decision

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The past month brought a flurry of updates from federal agencies publishing new procedures to implement the National Environmental Policy Act (NEPA), following President Trump’s Executive Order 14154 (EO 14154) in January...more

Baker Donelson

Seven County Infrastructure Coal. v. Eagle Cnty., Colo. – Supreme Court's "Course Correction" on NEPA Already Steering Decisions...

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The United States Supreme Court issued a unanimous decision in Seven County Infrastructure Coalition v. Eagle County, Colorado, on May 19, 2025, clarifying that the scope of judicial review of federal agency environmental...more

Morgan Lewis

US Supreme Court Clarifies Venue Rules Under the Clean Air Act

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The US Supreme Court in EPA v. Calumet Shreveport clarified where challenges to certain US Environmental Protection Agency actions under the Clean Air Act must be filed. The Court split the difference between competing...more

Kelley Drye & Warren LLP

TCPA Tracker: April-June 2025

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On June 20, 2025, the U.S. Supreme Court held that a district court in an enforcement proceeding is not bound by an agency’s pre-enforcement interpretation of a statute. Rather, as the Court held in McLaughlin Chiropractic...more

Pierce Atwood LLP

FCC 'Deletes' TCPA Regulations Following Supreme Court and Eleventh Circuit Rulings

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In the last month, we have gained additional insight into the future of the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) regulation and how class action litigation might be shaped by...more

Wiley Rein LLP

Supreme Court’s McLaughlin Decision Creates Uncertainty for FCC Orders on the TCPA and Much More

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The U.S. Supreme Court’s recent decision in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. marks a sea change for judicial review of Federal Communications Commission (FCC) orders, and creates both risks and...more

ArentFox Schiff

Top 3 Supreme Court Environmental and Administrative Trends of 2025

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Within this term, the US Supreme Court’s major environmental and administrative focus was on statutory text in its environmental and administrative decisions....more

Vorys, Sater, Seymour and Pease LLP

Supreme Court Limits Scope of Judicial Review in NEPA Cases

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On May 29, 2025, the Supreme Court issued its decision in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al. This decision held that agencies are afforded substantial deference in National...more

Womble Bond Dickinson

United States Supreme Court Administrative Law Decisions of Note During the 2024-2025 Term

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In this update, we cover the most impactful Supreme Court cases related to administrative law issues decided during the 2024-2025 term. The Supreme Court decided important administrative law cases falling into these general...more

Vinson & Elkins LLP

The New NEPA: Federal Agencies Overhaul Procedures for Environmental Reviews

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On July 3, 2025, the Federal Energy Regulatory Commission (“FERC” or the “Commission”), the U.S. Army Corps of Engineers (“Army Corps”), and the Departments of Energy (“DOE”), Interior (“DOI”), Transportation (“DOT”),...more

Troutman Pepper Locke

Supreme Court Says Affected Retailers May Challenge ENDS Manufacturer’s Marketing Denial Orders

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On June 20, the Supreme Court concluded that marketing denial orders (MDOs) issued by the Food and Drug Administration (FDA) can be challenged not only by the applicants (typically, the manufacturer or importer of the...more

Perkins Coie

US Supreme Court Strikes Another Blow Against the Administrative State

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Key takeaways - - Federal district courts are no longer required to defer to the FCC's interpretation of statutes in civil enforcement proceedings. - Regulated entities can now challenge prior federal agency interpretations...more

Eversheds Sutherland (US) LLP

Tax Court holds final partnership adjustment untimely, invalidates conflicting regulation

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On July 2, 2025, the Tax Court issued its unanimous reviewed opinion in JM Assets, LP v. Commissioner, 165 T.C. 1. It held that the Service did not timely issue a final partnership adjustment (FPA) to JM Assets, LP (JM...more

Bergeson & Campbell, P.C.

Loper Bright and the End of Chevron Deference? — A Conversation with Kelly N. Garson

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This week, I discuss with my colleague, Kelly N. Garson, a Senior Associate here at B&C and Regulatory Consultant for The Acta Group (Acta®), B&C’s consulting affiliate, the implications of the demise of Chevron deference,...more

Klein Moynihan Turco LLP

TCPA Quiet Hours Telemarketing and Consent

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Does prior express written consent permit calls/texts to consumers during the Federal Communications Commission’s (“FCC”) proscribed quiet hours? As our readers know, the FCC is now considering this very issue insofar as it...more

Farella Braun + Martel LLP

Trusting the Department of Justice, Alexis Loeb

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The Supreme Court’s recent opinion in Trump v. CASA (the birthright citizenship case) contrasts with two of its opinions from a year ago, Fischer v. United States and Snyder v. United States, in at least the following way:...more

Steptoe & Johnson PLLC

Stop It! No, You Stop It! In Major Legal Shift, SCOTUS Says No More Universal Injunctions

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The U.S. Supreme Court ruled on Friday, June 27, that federal district courts may not issue “universal” injunctions (the term the Court used instead of “nationwide” injunctions), as it decided that doing so is beyond their...more

Husch Blackwell LLP

Trump Administration Seeks Supreme Court Stay of Democratic CPSC Commissioners’ Reinstatement After Losses in District Court and...

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On June 23, 2025, Judge Matthew J. Maddox of the U.S. District Court for the District of Maryland denied a motion by President Donald J. Trump and other officials (“Defendants”) to stay his order reinstating three Democratic...more

Kelley Drye & Warren LLP

Another Crack in the Agency Armor – Supreme Court Further Expands Judicial Review of Certain Federal Agency Actions

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On June 20, 2025, the Supreme Court issued a 6-3 opinion holding that U.S. district courts are not bound to follow a federal agency’s interpretation of a statute even though the Hobbs Administrative Orders Review Act (“Hobbs...more

Hogan Lovells

U.S. Supreme Court upholds FCC’s Universal Service Fund framework

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The Supreme Court’s recent ruling in Federal Communications Commission (FCC) v. Consumers’ Research removed the uncertainty that hung over the FCC’s Universal Service Fund (USF) programs since July 2024, when the U.S. Court...more

Vedder Price

SCOTUS Ruling Tips the Scales in Favor of District Courts, Not the FCC, When it Comes to Interpreting TCPA

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With its recent ruling in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. ___ (2025), the U.S. Supreme Court has continued its trend of reining in the power of agencies and giving litigants more avenues...more

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