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Supreme Court of the United States › Statutory Interpretation › Government Agencies

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 -
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

Husch Blackwell LLP

Supreme Court Allows Trump Administration to Fire Democratic CPSC Commissioners, For Now

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On July 23, 2025, the U.S. Supreme Court, in a 6-3 vote, granted the Trump Administration’s request to stay a permanent injunction that had ordered the reinstatement of three Democratic CPSC Commissioners: Mary Boyle,...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

Snell & Wilmer

Freeing Agencies from Conflicting National Environmental Policy Act Regulations

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On July 3, 2025, several federal agencies published Interim Final Rules or Final Rules freeing themselves of legally and statutorily conflicting regulations implementing the National Environmental Policy Act (NEPA) in...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

Brownstein Hyatt Farber Schreck

Supreme Court Upholds Constitutionality of the Universal Service Fund

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With their decision in the consolidated cases of Federal Communications Commission v. Consumers’ Research and SHLB Coalition v. Consumers’ Research, the U.S. Supreme Court has upheld the constitutionality of the Universal...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

Ballard Spahr LLP

Two Recent Supreme Court Injunction Rulings Support Affordable Care Act

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Two recent U.S. Supreme Court rulings support provisions of the Affordable Care Act, one directly and one indirectly....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

Morgan Lewis

Supreme Court to Resolve Federal Officer Removal Circuit Split in WWII Contracts Case

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The US Supreme Court on June 16, 2025 granted certiorari for an appeal from a divided opinion by the US Court of Appeals for the Fifth Circuit relating to the federal officer removal statute. The appeal comes after a jury...more

Foley & Lardner LLP

Has SCOTUS Pre-decided Whether the NRC Can License Private Off-Site High-Level Nuclear Waste Storage Facilities?

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On June 18, 2025, the U.S. Supreme Court, in NRC v. Texas, issued an opinion holding that the State of Texas did not have standing to challenge a license granted by the Nuclear Regulatory Commission (NRC) to a private entity,...more

Best Best & Krieger LLP

Supreme Court Rules FCC’s Universal Service Fund Is Constitutional

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On June 27, 2025, the Supreme Court decided FCC v. Consumers’ Research, No. 24-354 (U.S. June 2025), ruling that the Universal Service Fund’s (USF) contribution structure, as administered by the Federal Communications...more

Wiley Rein LLP

Supreme Court Declares Universal Service Fund Constitutional, Reversing Fifth Circuit Opinion

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On June 27, 2025, the U.S. Supreme Court affirmed, in FCC v. Consumers’ Research (Consumers’ Research), the constitutionality of the funding mechanism for the Federal Communications Commission’s (FCC or Commission) Universal...more

DLA Piper

Supreme Court Upholds FCC’s Universal Service Fund Authority

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On June 27, 2025, the United States Supreme Court decided FCC v. Consumers’ Research, Nos. 24-354 & 24-422, upholding the constitutionality of the federal “universal service” statute, which establishes a Universal Service...more

Franczek P.C.

Nationwide Injunctions After Trump v. Casa

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In Trump v. Casa, the Supreme Court addressed three emergency applications challenging the use of universal injunctions that bar enforcement of federal action across the country. The case concerned the entry of a temporary...more

Foley & Lardner LLP

The Supreme Court Reins in Agency Power Again: What McKesson Means for TCPA Litigation

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The Supreme Court recently signaled a further shift away from judicial deference to administrative rulings. The question of whether the Telephone Consumer Protection Act (TCPA or “the Act”) covers online faxes (think your...more

Shipkevich PLLC

Agency Deference Diminished: TCPA Enforcement Enters a New Era

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In one of its final decisions in 2025, the U.S. Supreme Court curtailed the authority of the Federal Communications Commission (FCC) in interpreting the Telephone Consumer Protection Act (TCPA), signaling a broader...more

Lerman Senter PLLC

Supreme Court Upholds Federal Universal Service Fund Contribution Framework

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The U.S. Supreme Court has upheld the Federal Communications Commission’s universal service fund (USF) framework....more

Venable LLP

Setting the Circuit Straight: The Scope of the FTCA's Law Enforcement Proviso after Martin v. U.S.

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"Wrong-house" raids by law enforcement can cause terror and physical injury, significant property damage, and potentially innocent civilian deaths. Suits for damages almost always follow....more

Lerman Senter PLLC

Supreme Court TCPA Decision Limits FCC Interpretative Powers, Expands District Court Review

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The Supreme Court continued its recent trend toward limiting the independence of federal administrative agencies with its decision in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. In McLaughlin, the Court held...more

Best Best & Krieger LLP

Supreme Court Rules District Courts Not Bound by FCC Statutory Interpretations under the Hobbs Act

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On Friday, June 20th, the Supreme Court in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp., No. 23-1226 (U.S. June 2025), ruled in a 6-3 decision that the Hobbs Act does not bind federal district courts in civil...more

Cozen O'Connor

Thompson May Give Defendants New Tools to Fight False Claims Act Charges

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The Supreme Court’s recent opinion in Thompson v. United States may have significant implications for the False Claims Act (FCA). In Thompson, the Court was tasked with interpreting 18 U.S.C. § 1014, which prohibits...more

McGuireWoods LLP

SCOTUS Allows Private Company’s License for Stand-Alone Spent Nuclear Fuel Storage Facility

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On June 18, 2025, the U.S. Supreme Court, in Nuclear Regulatory Commission, et al. v. Texas, et al., reinstated a license originally issued by the Nuclear Regulatory Commission (NRC), permitting the storage of depleted...more

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