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Supreme Court of the United States › Statutory Interpretation › 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 -
Polsinelli

The U.S. Supreme Court Will Soon Decide the Fate of President Trump’s Tariffs

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Key Takeaways: The U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. Court of International Trade’s decision to strike down the reciprocal and fentanyl tariffs imposed under IEEPA....more

Dorsey & Whitney LLP

The Supreme Court Update - September 10, 2025

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The Supreme Court of the United States granted certiorari in two cases yesterday: Learning Resources, Inc. v. Trump; Trump v. V.O.S. Selections, Inc., Nos. 24-1287, 25-250: These two cases will address tariffs on foreign...more

Shipman & Goodwin LLP

Limitations on the NLRB’s Power: Did Loper Bright Sound the Death Knell?

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Two recent appellate arguments underscore the heightened judicial scrutiny facing the National Labor Relations Board (“NLRB”) following the Supreme Court’s decision last summer, Loper Bright Enterprises Inc v. Raimondo. While...more

Patterson Belknap Webb & Tyler LLP

Circuit Holds That Bruen Does Not Invalidate Firearms Prohibition Relating to Domestic Violence

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The Second Circuit recently issued a decision that confirms that even after New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), those who have been convicted of a misdemeanor crime of domestic violence may not...more

Brownstein Hyatt Farber Schreck

‘The Game is Afoot’: Federal Appeals Court Strikes Down the President’s IEEPA-Based Tariffs - Update from Sept. 10, 2025

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On Sept. 9, the Supreme Court agreed to an expedited review of two cases on tariffs imposed under the International Emergency Economic Powers Act (IEEPA). Legal briefs on the merits of the case will be due beginning Sept. 19,...more

Husch Blackwell LLP

SCOTUS to Hear Arguments in Cases Challenging Trump’s Tariffs in Early November

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The U.S. Supreme Court has agreed to review the legality of tariffs imposed by President Trump under the International Emergency Economic Powers Act (IEEPA). This decision follows a series of lower court rulings that...more

Davis Wright Tremaine LLP

Federal Appeals Court Rules Set of Trump Tariffs Unlawful: What Importers Need to Know

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On Friday evening, August 29, 2025, as Americans settled into the beginning of a long holiday weekend, the U.S. Court of Appeals for the Federal Circuit released its highly anticipated opinion in V.O.S. Selections, Inc. v....more

Brownstein Hyatt Farber Schreck

‘The Game is Afoot’: Federal Appeals Court Strikes Down the President’s IEEPA-Based Tariffs

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In the latest episode of the ongoing legal challenges to President Trump’s tariff policies, on Aug. 29, the U.S. Court of Appeals for the Federal Circuit (CAFC) ruled that the International Emergency Economic Powers Act...more

Alston & Bird

Federal Circuit Decision on IEEPA Tariffs Appealed to Supreme Court

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On September 3, 2025, the U.S. government filed a petition for a writ of certiorari requesting that the Supreme Court review on an expedited basis the 7-4 decision of the U.S. Court of Appeals for the Federal Circuit, which...more

Blank Rome LLP

Court of Appeals Rules That President Lacks Authority for Broad Tariffs

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On August 29, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) ruled that the President cannot impose broad tariffs of unlimited duration using the International Emergency Economic Powers Act (“IEEPA”)....more

Husch Blackwell LLP

Federal Circuit Finds IEEPA Reciprocal Tariffs and Trafficking Tariffs Illegal but Continue to Be Required at Time of Entry

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The U.S. Court of Appeals for the Federal Circuit held unenforceable the Trump administration’s Reciprocal Tariffs and Trafficking Tariffs instituted under the International Emergency Economic Powers Act (IEEPA). In V.O.S....more

Verrill

EPA’s Proposed Reversal of the Greenhouse Gas Endangerment Finding—How Politics Drives Legal Reinterpretation of the Clean Air Act

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On August 20, 2025, Massachusetts Attorney General Andrea Campbell, among several other state attorneys general, testified in opposition to the Environmental Protection Agency’s (EPA) proposal to reverse its 2009 finding that...more

Goldberg Segalla

Fifth Circuit Finds NLRB’s Structure Likely Unconstitutional: What Employers Need to Know

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The U.S. Court of Appeals for the Fifth Circuit has issued a decision that could reshape the landscape of federal labor law. In SpaceX, et al. v. NLRB, the court held that the National Labor Relations Board’s structure –...more

Davis Wright Tremaine LLP

EMTALA and Emergency Care for Pregnant Patients: Clarifications Evolve Gradually to Reconcile Conflicting Guidance Post-Dobbs

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Since the U.S. Supreme Court's June 2022 decision in Dobbs v. Jackson Women's Health Organization (Dobbs), hospitals and their emergency department (ED) clinicians in some states have faced significant uncertainty about their...more

Littler

What Employers Need to Know About the Fate of Wider Relief After Trump v. CASA, Inc.

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On June 27, 2025, in Trump v. CASA, Inc., the U.S. Supreme Court held that universal injunctions—injunctions that prohibit the federal government from enforcing a law, regulation, order, or policy to any person, not just the...more

Venable LLP

Enduring Delegations - Supreme Court Rejects Nondelegation Challenges to the FCC’s Administration of the Universal Service Fund in...

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The nondelegation doctrine prevents Congress from giving away too much of its legislative power to other entities. After a strong showing in 1935, the nondelegation doctrine has remained dormant, with the Supreme Court...more

Stevens & Lee

The Administrative State, a Three-Legged Stool, the Supreme Court and FCC v. Consumers’ Research

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The U.S. Supreme Court recently handed down its decision in Federal Communications Commission v. Consumers’ Research, a case involving the question whether Congress’s delegation of authority to the FCC to implement provisions...more

Ballard Spahr LLP

Federal Judge rules that firing of Rebecca Slaughter as FTC Commissioner was illegal

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A federal judge has ruled that the President Trump violated federal law when he fired Rebecca Slaughter, a Democrat, as a member of the FTC....more

King & Spalding

Supreme Court Holds Medicaid Participants Lack Standing to Enforce “Any-Qualified-Provider” Clause

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On June 26, 2025, the Supreme Court ruled that Medicaid providers and beneficiaries lack the ability to enforce the Medicaid Act’s “any‑qualified‑provider” clause in federal court. In Medina v. Planned Parenthood, the Court...more

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

Supreme Court Limits Nationwide Injunctions, but Does Not Decide on Birthright Citizenship Challenge

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In a closely watched decision issued on June 27, 2025, the Supreme Court of the United States ruled in Trump v. CASA, Inc., No. 24A884, that federal district courts lacked authority to issue universal (nationwide) injunctions...more

Hogan Lovells

Supreme Court affirms constitutionality of U.S. Preventive Services Task Force

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On June 27, 2025, the Supreme Court in Kennedy v. Braidwood Management, Inc. upheld the structure of the U.S. Preventive Services Task Force (USPSTF, or “Task Force”), overturning a Fifth Circuit decision that had ruled that...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

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 65 -The Power of Interpretation: Constitutional Meaning in the Modern World

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The Constitution takes center stage in this latest episode with legal scholar Erwin Chemerinsky, Dean of UC Berkeley Law, who is renowned for his studies of constitutional law and federal civil procedure. He and host Matt...more

King & Spalding

Supreme Court Decision Is A Win for Preventative Services Providers

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Last week, in a 6-3 decision, the Supreme Court overturned a Fifth Circuit decision holding that HHS-appointed United States Preventative Task Force (USPTF) members are inferior officers that do not need to be approved by the...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

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