The morning read for Tuesday, August 22
SCOTUSBlog
AUGUST 22, 2023
Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court.
Court Statute West Virginia 
Court schedules February argument session
SCOTUSBlog
JANUARY 5, 2024
In May 2022, a divided Supreme Court put the Texas law on hold while the challenges to the law continued in the lower courts. Court of Appeals for the 5th Circuit later rejected those challenges and upheld the law, while the U.S. Court of Appeals for the 11th Circuit barred the state from enforcing most of the law.
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Fresh Out of School: How to Become an Expert Paralegal
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Compassionate-release, the First Step Act, and jurors on social media
SCOTUSBlog
NOVEMBER 5, 2021
When Allen Loughry II, the former chief justice of the Supreme Court of Appeals of West Virginia, was convicted of wire and mail fraud in 2018, discussion about the case, predictably, spread on Twitter. The district court and the U.S. The court clarified one provision of the law last term in Terry v. In Loughry v.
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Justices take up Native health care funding cases and a dispute over sentencing guide
SCOTUSBlog
NOVEMBER 20, 2023
Share The Supreme Court on Monday morning added two additional hours of argument, in cases involving federal funding of health care services for Native Americans and the Armed Career Criminal Act, to its docket for the 2023-24 term. The court designated six cases as bellwether cases. And in Erlinger v.
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More Venue and Corporate Games: This time with ANDA filing
Patently O
NOVEMBER 8, 2021
The 2017 Supreme Court decision in TC Heartland gave renewed teeth to the venue statute governing litigation. Here, Mylan created its ANDA documents at its West Virginia office and submitted them electronically from that location. This argument was quickly rejected by the court. (2) Celgene Corp.
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D.C. Circuit Sides with Manufacturers in Latest 340B Contract Pharmacy Case
FDA Law Blog
MAY 30, 2024
Kirschenbaum — Last week, the United States Court of Appeals for the District of Columbia ruled that Section 340B of the Public Health Service Act does not prohibit pharmaceutical manufacturers from imposing conditions on the distribution of discounted drugs to covered entities in the program. By Sophia R. Gaulkin & Alan M.
Beards and Brady (i.e., religious freedom and criminal procedure)
SCOTUSBlog
MAY 27, 2022
In district court, Georgia corrections admitted that its policy substantially burdened Smith’s religious exercise, but it argued that various safety and security concerns justified its refusal to allow beards of any greater length. Court of Appeals for the 11th Circuit reversed , re-instating the half-inch limit.
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Supreme Court Hears Challenge to EPA’s Good Neighbor Rule
Constitutional Law Reporter
MARCH 5, 2024
Supreme Court heard oral arguments in four cases last week. While the case centers on the EPA’s regulation of interstate air pollution under the Clean Air Act, the issues before the Court are largely procedural. The Fifth Circuit Court of Appeals denied the motions to stay and the States appealed to the Supreme Court.
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Federal Court Limits State Authority to Deny Interstate Transmission Projects
ClimateChange-ClimateLaw
JANUARY 22, 2024
But a Middle District of Pennsylvania court recently established one key limit on states’ authority to block new transmission lines through the siting process. District Court for the Middle District of Pennsylvania issued a decision on December 6, 2023 in Transource Pa. District Court for the Middle District of Pennsylvania.
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As drought persists in the west, justices to consider Navajo Nation’s rights to Colorado River
SCOTUSBlog
MARCH 17, 2023
The Navajo Nation reservation is about the size of Ireland or West Virginia, with large portions bordered by the Colorado River. Over one hundred years ago, the Supreme Court found that the creation of Indian reservations arising from Indian land cession treaties in the arid west necessarily created Indian reserved water rights.
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Congress Has Acknowledged Climate Change 87 Times From 1978 Through 2022
ClimateChange-ClimateLaw
AUGUST 31, 2022
The 87 enactments in the collection encompass statutes and appropriations bills that were passed by Congress and signed by the president—including every president since President Jimmy Carter. The United States Supreme Court’s opinion in West Virginia v.
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The Slippery Notion of Boycotts in the Anti-ESG Movement
ClimateChange-ClimateLaw
JUNE 14, 2023
There are several statutes that form the basis of our antitrust laws. Indeed, the Supreme Court established Fashion Originators’ Guild of America v. West Virginia was the first state to bar financial firms from engaging in new state business upon determination that they engage in boycott activities. FTC , 312 U.S.
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December 2020 Updates to the Climate Case Charts
ClimateChange-ClimateLaw
DECEMBER 11, 2020
Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Second, the court concluded that BLM should have calculated and considered total greenhouse emissions, instead of merely relying on comparisons of yearly emission rates.
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July 2017 Updates to the Climate Case Charts
ClimateChange-ClimateLaw
JULY 6, 2017
Circuit Court of Appeals ruled that the U.S. Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The court therefore found that the stay was unauthorized and vacated it. FEATURED CASE. A divided D.C. DECISIONS AND SETTLEMENTS.
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Supreme Court rules in favor of Mountain Valley Pipeline
SCOTUSBlog
JULY 27, 2023
Share The Supreme Court on Thursday cleared the way for the completion of the Mountain Valley Pipeline, a controversial $6.6 billion natural-gas pipeline spanning just over 300 miles, from West Virginia’s northwestern border to southern Virginia. Court of Appeals for the District of Columbia Circuit.
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FCC asks court to uphold constitutionality of nationwide rural phone and internet subsidies
SCOTUSBlog
NOVEMBER 12, 2024
Share The Petitions of the Week column highlights some of the cert petitions recently filed in the Supreme Court. An interest group called Consumers’ Research has filed a series of these challenges in federal courts around the country. Court of Appeals for the 5th Circuit. Court of Appeals for the 5th Circuit.
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Decedent’s personal injury settlement did not become wrongful death proceeds after his death.
Day on Torts
DECEMBER 20, 2021
Before his death, decedent filed suit for personal injury and loss of consortium in West Virginia. The Court explained: Here, Decedent brought suit in West Virginia for personal injury and loss of consortium. 10, 2021), plaintiffs were the heirs of decedent, who had previously died of mesothelioma.
SCOTUS Rules Website Designer Can Refuse Same-Sex Customers
Constitutional Law Reporter
JULY 25, 2023
Supreme Court held that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. Ultimately, the district court held that Smith was not entitled to the injunction she sought. The Tenth Circuit Court of Appeals affirmed. 557 (1995).
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Spooky Torts: The 2021 List of Litigation Horrors
JonathanTurley
OCTOBER 31, 2021
Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. See Pennsylvania General Assembly Statute §7102. in the Superior Court of California, County of San Diego, alleged negligence and assault. Again, the court agreed. even when accompanied by buckets of fake blood.
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Spooky Torts: The 2022 List of Litigation Horrors
JonathanTurley
OCTOBER 30, 2022
Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. See Pennsylvania General Assembly Statute §7102. in the Superior Court of California, County of San Diego, alleged negligence and assault. Again, the court agreed. even when accompanied by buckets of fake blood. __.
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Supreme Court to hear challenge to ban on transgender health care for minors
SCOTUSBlog
DECEMBER 3, 2024
Share The Supreme Court on Wednesday will hear a challenge to a Tennessee law that bans the use of puberty blockers and hormone therapy for transgender teens. And with similar laws in 23 other states , the court’s ruling is likely to have broader implications for the protections available to transgender people across the country.
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Supreme Court to hear major case on power of federal agencies
SCOTUSBlog
JANUARY 16, 2024
Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers.
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Nondelegation doctrine, abortion clinic protest, and transgender student athletes
SCOTUSBlog
NOVEMBER 22, 2024
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court cleared out some old relists in the last few order lists. The court denied review in Smith v. Courts of Appeals for the 5th, 6th, and 11th Circuits rejected the group’s arguments.
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New California Legislation Would Be a Major Step Forward for Climate Disclosure
ClimateChange-ClimateLaw
AUGUST 8, 2023
Supreme Court weakened this kind of argument considerably on May 11, 2023, in its decision in National Pork Producers Council v. 51] That doctrine only applies to federal regulations, however, not to state statutes, so it does not pose a danger to the two California bills. cit [50] See, e.g., West Virginia v.
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New York man challenges fraud conviction based on virtual video testimony
SCOTUSBlog
DECEMBER 6, 2024
Share The Petitions of the Week column highlights some of the cert petitions recently filed in the Supreme Court. Known as the confrontation clause, this provision has been interpreted by the Supreme Court to recognize that cross-examining the prosecutions witnesses is especially essential to a fair trial in the criminal context.
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Supreme Court to hear “nondelegation” challenge to telecom access program
SCOTUSBlog
MARCH 25, 2025
Share The Supreme Court will hear oral arguments on Wednesday in a major challenge to the federal E-rate program, which subsidizes telephone and high-speed internet services in schools, libraries, rural areas, and low-income communities in urban areas. Courts of Appeals for the 5th, 6th, 11th, and District of Columbia Circuits.
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Consumer watchdog funding fight goes before justices
SCOTUSBlog
SEPTEMBER 28, 2023
3, the Supreme Court will hear oral argument in a case brought by groups representing the payday-lending industry , who argue that this funding scheme is instead the CFPB’s fatal flaw. Two industry groups representing payday lenders went to federal court in 2018 to challenge the rule. Court of Appeals for the 5th Circuit.
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November 2017 Updates to the Climate Case Charts
ClimateChange-ClimateLaw
NOVEMBER 7, 2017
Bankruptcy Court Said California City and Counties Could Not Sue Coal Company for Climate Change Impacts. A federal bankruptcy court in Missouri enjoined San Mateo and Marin Counties and the City of Imperial Beach (the plaintiffs) from pursuing their climate change lawsuits against Peabody Energy Corporation (Peabody). FEATURED CASE.
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Supreme Court rules proposed EPA regulations unconstitutional
JURIST
JUNE 30, 2022
The US Supreme Court Thursday ruled that the Environmental Protection Agency (EPA) does not have the authority under section 111(d) of the Clean Air Act to enforce proposed power plant emission limitations in West Virginia v. ” In West Virginia v.
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The Major Questions Doctrine is a Fundamental Threat to Environmental Protection. Should Congress Respond?
ClimateChange-ClimateLaw
OCTOBER 19, 2023
In the year since the Supreme Court embraced the “major questions doctrine” (MQD), industry and Republican state attorneys general have argued that federal regulations ranging from stricter vehicle emissions standards to climate change disclosures must be struck down under its banner. Env’t Prot.
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Biden administration sued for halting oil and gas leasing program
JURIST
MARCH 26, 2021
Louisiana filed suit in the US District Court for its Western District, leading a cohort comprising Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah and West Virginia. ” Wyoming filed a separate complaint in the federal District Court for its own state.
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September 2021 Updates to the Climate Case Charts
ClimateChange-ClimateLaw
SEPTEMBER 10, 2021
Circuit Court of Appeals found that the Federal Energy Regulatory Commission (FERC) failed to adequately analyze the climate change and environmental justice impacts of two liquefied natural gas (LNG) export terminals on the Brownsville Shipping Channel in Texas and two pipelines that would carry LNG to one of the terminals. 20-1045 (D.C.
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In a historic term, momentum to move the law often came from the five justices to the chief’s right
SCOTUSBlog
JULY 7, 2022
The new balance of power on the court was on display before the term officially began, when the justices rejected a request to block enforcement of S.B. The court’s third liberal, Justice Sonia Sotomayor, also dissented, though she did not join Roberts’ opinion.). An abortion prelude. Wade and Planned Parenthood v. The fall of Roe.
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US Supreme Court hears arguments in major climate change chase
JURIST
FEBRUARY 28, 2022
The US Supreme Court heard oral arguments Monday in West Virginia v. The court had been asked to rule on 42 USC § 7411(d) , an ancillary provision of the Clean Air Act , to decide how much rule-making power the EPA has to curb greenhouse gas emissions. A decision in this case is expected by the end of June.
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October 2019 Updates to the Climate Case Charts
ClimateChange-ClimateLaw
OCTOBER 7, 2019
Fourth Circuit Declined to Stay Remand Order in Baltimore’s Climate Case Against Fossil Fuel Companies; Companies Sought Stay from Supreme Court. Supreme Court. On October 2, the district court granted the companies’ motion to temporarily extend its stay of the remand order until the Supreme Court resolves the application.
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Spooky Torts: The 2023 List of Litigation Horrors
JonathanTurley
OCTOBER 30, 2023
On June 15, 2023, the court issued the ultimate judgment not only on the torts claims but perhaps the state of our politics. Louis, a Missouri court was faced with a claim from Carly Munoz who in 2019 sent to Six Flags’ Fright Fest with her cousin. See Pennsylvania General Assembly Statute §7102. Again, the court agreed.
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SCOTUS dispatch: Supreme Court appears hesitant about protecting gender-affirming care for minors
JURIST
DECEMBER 5, 2024
Chloe Miracle-Rutledge is a JURIST Supreme Court Correspondent and a 2L at Georgetown University Law Center in Washington, DC. Wednesday morning I attended oral arguments at the United States Supreme Court for United States v. Gorsuch authored the Court’s 2019 opinion in Bostock v.
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Sabin Center Files Amicus Brief in Support of New GHG Vehicle Emissions Standards
ClimateChange-ClimateLaw
MARCH 13, 2023
Following the 2007 landmark Supreme Court case Massachusetts v. In 2022, Texas, along with several other states and industry groups representing fuel manufacturers (together, Petitioners), challenged EPA’s new emissions standards in court. 497 (2007), the Supreme Court reversed EPA’s denial. EPA , 549 U.S. EPA , 142 S.
March 2018 Updates to the Climate Case Charts
ClimateChange-ClimateLaw
MARCH 6, 2018
Federal Court Denied Oakland and San Francisco Motions to Return Climate Change Nuisance Cases to State Court; Found Federal Common Law of Nuisance Could Apply, Despite AEP v. The court dispensed with the cities’ three primary arguments for remanding the cases. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 107.
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June 2021 Updates to the Climate Case Charts
ClimateChange-ClimateLaw
JUNE 8, 2021
In Baltimore’s Climate Case Against Fossil Fuel Companies, Supreme Court Held that Appellate Review of Remand Order Extends to All Grounds for Removal. The Court declined to review the companies’ other grounds for removal, finding that the “wiser course” was to allow the Fourth Circuit to address them in the first instance.
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In climate-change case, justices grapple with EPA’s role, congressional intent, and their own jurisdiction
SCOTUSBlog
FEBRUARY 28, 2022
By the end of the oral argument, there were no clear indications about how the court is likely to rule. The case, West Virginia v. The plan never went into effect, however: Several states and private plaintiffs challenged it in federal court, and a divided Supreme Court put it on hold in February 2016.
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Greenhouse gases and “major questions”: Justices to hear argument on EPA’s power to tackle climate change
SCOTUSBlog
FEBRUARY 27, 2022
The dispute at the center of West Virginia v. Several states and private plaintiffs went to federal court to challenge the plan, and in February 2016 the Supreme Court, dividing 5-4, put the plan on hold before it could go into effect. A threshold issue: The court’s power to decide the case. In a decision on Jan.
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May 2021 Updates to the Climate Case Charts
ClimateChange-ClimateLaw
MAY 7, 2021
Supreme Court seeking review of the D.C. The first petition was filed by West Virginia and 18 other states that had intervened to defend the repeal and replacement rule, known as the Affordable Clean Energy rule. Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers.
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Free exercise, greenhouse-gas regulation, and a slew of other relists from the long conference
SCOTUSBlog
OCTOBER 5, 2021
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. But I’ll be even more summary than usual today because of the press of business We finally may have gotten an explanation why the court rescheduled Dignity Health, Inc. In addition, the court relisted: Boardman v.
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