News & Analysis as of July 29, 2025

Petition for Writ of Certiorari

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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 -

U.S. Supreme Court Invites Solicitor General to Submit Briefing on "Skinny Labels"

Jones Day on 7/1/2025

On June 23, 2025, the Supreme Court invited the Solicitor General to submit a brief expressing the views of the United States—dramatically increasing the likelihood that the Court will eventually grant review—in Hikma...more

Solicitor General Asks Supreme Court to Review Ruling on Universal Service Fund's Constitutionality

Best Best & Krieger LLP on 10/31/2024

The U.S. Solicitor General recently sought Supreme Court review of an en banc decision by the U.S. Court of Appeals for the Fifth Circuit, which found the Federal Communications Commission-run Universal Service Fund (USF) to...more

Déjà Vu: the Supreme Court Ignores the Solicitor General’s Invitation to Revisit Section 101 . . . Again.

Foley Hoag LLP on 5/22/2023

On May 15, 2023, the U.S. Supreme Court denied two highly watched petitions for certiorari, refusing to hear cases that dealt with the patent eligible subject matter requirement of 35 U.S.C. § 101. The Supreme Court’s...more

Solicitor General Files Brief Advocating Certiorari Grant in Teva Pharmaceuticals v. GlaxoSmithKline; Court Declines Invitation

McDonnell Boehnen Hulbert & Berghoff LLP on 5/15/2023

Today, the Supreme Court again disregarded the views of the Federal government regarding whether to grant certiorari, here in Teva Pharmaceuticals USA v. GlaxoSmithKline LLC, and in some ways the only positive outcome is that...more

Solicitor General Weighs in on Patent Eligibility Question

McDonnell Boehnen Hulbert & Berghoff LLP on 5/4/2023

The Solicitor General, responding to a call from the Supreme Court for the government’s views, in April filed a brief directed to the proper legal standard for the “abstract idea” exception to patent eligibility under 35...more

Solicitor General Urges the Supreme Court to Reverse the Federal Circuit’s Teva v. GSK Decision

Rothwell, Figg, Ernst & Manbeck, P.C. on 4/18/2023

After the Supreme Court invited the Solicitor General to file a brief expressing the views of the United States regarding Teva Pharms USA, Inc. v. GlaxoSmithKline LLC, et al., the Solicitor General filed its brief amicus...more

Solicitor General Recommends that Supreme Court Accept Review of Case Involving Extraterritorial Reach of U.S. Trademark Law

BakerHostetler on 9/28/2022

In a May 2022 post, we noted that the Supreme Court called for the views of the Solicitor General on whether to accept review of Abitron Austria GmbH v. Hetronic International, Inc., a case involving the international...more

American Axle: After Solicitor General Weighs In, Neapco Responds and Court Sets Conference

Holland & Knight LLP on 6/10/2022

I first wrote on American Axle back in 2019. Nearly three years and dozens of hits for "American Axle" on hklaw.com later, we'll finally get an answer to whether the U.S. Supreme Court will hear another Section 101 dispute....more

Federal Circuit CVSG Update

Morrison & Foerster LLP - Federal Circuitry on 5/31/2022

With the Supreme Court’s October 2021 Term winding down, we thought we’d check in on the cases from the Federal Circuit where the Supreme Court called for the views of the Solicitor General on whether to grant review (often...more

Supreme Court Requests View of Solicitor General in American Axle v. Neapco

McDonnell Boehnen Hulbert & Berghoff LLP on 5/4/2021

Today, the Supreme Court requested the views of the Solicitor General in its consideration of American Axle's certiorari petition, which asks the Court to reverse the Federal Circuit's decision in American Axle & Mfg. v....more

Solicitor General Recommends Denial of Cert. in Tribune Despite Perceived Errors

Patterson Belknap Webb & Tyler LLP on 3/24/2021

In January 2020 we reported that, after the reconsideration suggested by two Supreme Court justices and revisions to account for the Supreme Court’s Merit Management decision, the Court of Appeals for the Second Circuit stood...more

TCPA: U.S. Government Advocates for Strict Reading of the Statute, ATDS Should Include Random or Sequential Generation Requirement

Troutman Pepper Locke on 9/11/2020

The Acting Solicitor General submitted an amicus brief in Facebook v. Duguid on September 4, urging the Supreme Court to find that telephony must randomly or sequentially generate telephone numbers, then dial those numbers in...more

SCOTUS Upholds TCPA but Strikes Government Debt Collection Exception

BCLP on 7/15/2020

The Telephone Consumer Protection Act ("TCPA") has been the subject of significant class and consumer litigation risk exposure for many industries, including financial institutions. In a July 6 ruling, the United States...more

Supreme Court Strikes Down Government-Backed Debt Exception; TCPA Stands

Womble Bond Dickinson on 7/7/2020

Earlier today the Supreme Court released its decision in Barr v. Political Consultants, a case which attempted to end the TCPA as we know it. Instead, the Court struck down a narrow exception to the TCPA, known as the...more

Supreme Court leaves TCPA intact; strikes down exception for government debt collection

Eversheds Sutherland (US) LLP on 7/7/2020

The Telephone Consumer Protection Act (TCPA) remains in place, but the exception permitting robocalls for government debt collection has fallen, in a decision by the US Supreme Court addressing the constitutionality of the...more

To Sever or Not to Sever: Supreme Court Grapples With Political Consultants’ First Amendment TCPA Challenge

Seyfarth Shaw LLP on 5/21/2020

Seyfarth Synopsis: On May 6, 2020, the Supreme Court heard oral arguments on a First Amendment challenge to a 2015 amendment to the TCPA, which exempted calls regarding debts owed to the government from certain of its...more

Supreme Court Debates Whether to Flush TCPA’s Autodialer Restriction During Barr v. AAPC Oral Argument

Womble Bond Dickinson on 5/13/2020

It seems that the oral argument in Barr, Attorney General v. American Association of Political Consultants, Inc. may become better known for the toilet flush that could be heard in the course of the argument, rather than the...more

Duran v. La Boom Disco: It Is Time For SCOTUS To Decide The ATDS Issue

Burr & Forman on 4/10/2020

Those of us who have been litigating the Telephone Consumer Protection Act (“TCPA”) have spent the better part of the last decade trying to determine what constitutes an automated telephone dialing system (“ATDS”). ...more

Supreme Court Grants Certiorari To Review Fourth Circuit’s TCPA Decision

Morrison & Foerster LLP - Class Dismissed on 1/30/2020

On January 10, 2020, the Supreme Court granted certiorari to review the Fourth Circuit’s decision to strike the Telephone Consumer Protection Act’s (TCPA) “government-debt exemption.” See Am. Ass’n of Political Consultants,...more

Supreme Court Agrees to Review TCPA’s Constitutionality

Davis Wright Tremaine LLP on 1/17/2020

The U.S. Supreme Court has granted certiorari to review whether a 2015 amendment to the Telephone Consumer Protection Act (TCPA) violates the First Amendment and/or if it perhaps renders the statute unconstitutional as a...more

Supreme Court to Review the Constitutionality of the Government-Backed Debt Exception to the TCPA

Womble Bond Dickinson on 1/15/2020

The TCPA is off to an exciting start this new year. On Friday, January 10, 2020, the Supreme Court granted the Petition for Certiorari filed in Barr v. American Association of Political Consultants Inc., to review the...more

SCOTUS agrees to decide whether TCPA exception for calls to collect government debts violates First Amendment

Ballard Spahr LLP on 1/15/2020

The U.S. Supreme Court has agreed to decide whether the Telephone Consumer Protection Act’s exception from its automated call restriction for calls to collect government debts violates the First Amendment of the U.S....more

Solicitor General gets another extension to file response to Seila Law’s cert petition

Ballard Spahr LLP on 8/20/2019

The U. S. Supreme Court has given the Solicitor General another extension of the date by which the government must file its response to Seila Law’s petition for a writ of certiorari. The petition seeks review of the Ninth...more

Solicitor General asks SCOTUS for extension to file response to Seila Law’s cert petition

Ballard Spahr LLP on 7/26/2019

The Solicitor General has filed a motion with the U.S. Supreme Court asking for an extension of the date by which the government must file its response to Seila Law’s petition for a writ of certiorari. The petition seeks...more

Supreme Court Seeks Solicitor General’s Input on Scope of ERISA Preemption of State Rate Regulation of Pharmacy Benefit Managers...

Seyfarth Shaw LLP on 7/9/2019

Seyfarth synopsis: Arkansas has sought certiorari on the question of the ability of states under the ERISA preemption clause to regulate the rates charged by PBMs, and the Supreme Court has asked for the input of the...more

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Supreme Court of the United States › Solicitor General › Petition for Writ of Certiorari

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