A divided Ninth Circuit panel declined to push the pause button on a San Francisco-based district court’s nationwide injunction blocking the government from carrying out President Trump’s executive order aimed to reign in the size of the federal government through large-scale reductions in its workforce, with special focus on those federal agency “offices that perform functions not mandated by statute or other law.” A coalition of unions, nonprofits, and local governments brought the lawsuit to challenge the president’s authority to reorganize the agencies, absent congressional approval. Undeterred, the government promptly applied to the Supreme Court to freeze the injunction while its appeal before the Ninth Circuit moves forward. In arguing for the emergency relief, Solicitor General D. John Sauer called the district court’s order “flawed” and resting on an “indefensible premise” that the president needs authorization from Congress to oversee personnel decisions within the Executive Branch. In an unsigned, one-page order issued July 8, the Supreme Court seemingly had no difficulty staying the injunction, reasoning that “the Government is likely to succeed on its argument that the Executive Order… [is] lawful.”Continue Reading Decision Alert: Supreme Court Clears the Way for Executive Control
Decision Alert: Supreme Court Rules District Courts Lack Power to Issue Universal Injunctions
The Supreme Court ruled 6-3 in Trump v. CASA, Inc. that federal district courts lack authority under the Judiciary Act of 1789 to issue universal (or nationwide) injunctions. Justice Barrett wrote the Court’s opinion, joined by Chief Justice Roberts and Justices Thomas, Alito, and Kavanaugh. Justices Thomas, Alito, and Kavanaugh filed separate concurrences. Justice Sotomayor dissented, joined by Justices Kagan and Jackson. Justice Jackson also authored a separate dissent.Continue Reading Decision Alert: Supreme Court Rules District Courts Lack Power to Issue Universal Injunctions
Decision Alert: Supreme Court Rejects Nondelegation Challenge to FCC’s Universal Service Program
In a 6-3 decision, the Supreme Court held that the Federal Communications Commission (FCC)’s Universal Service Program (USP) does not violate the nondelegation doctrine. Justice Kagan wrote the majority opinion in FCC v. Consumers’ Research and Schools, Health & Libraries Broadband Coalition v. Consumers’ Research, with Justices Kavanaugh and Jackson filing separate concurrences. Justice Gorsuch dissented, joined by Justices Thomas and Alito.Continue Reading Decision Alert: Supreme Court Rejects Nondelegation Challenge to FCC’s Universal Service Program
Decision Alert: The Supreme Court Holds That Fuel Producers Have Standing to Sue EPA
The Supreme Court held 7-2 in Diamond Alternative Energy v. Environmental Protection Agency that fuel producers have standing to challenge the Environmental Protection Agency (EPA)’s approval of California’s vehicle emission regulations. Justice Kavanaugh authored the majority opinion. Justices Sotomayor and Jackson filed separate dissents.Continue Reading Decision Alert: The Supreme Court Holds That Fuel Producers Have Standing to Sue EPA
Decision Alert: Supreme Court Unanimously Rejects Heightened Burden for Reverse Discrimination Plaintiffs
The Supreme Court issued a unanimous employment law decision in Ames v. Ohio Department of Youth Services, holding that Title VII of the Civil Rights Act applies equally to all individuals, regardless of their membership in a majority or minority group. The decisive Court rejected the Sixth Circuit’s imposition of a heightened evidentiary burden on majority-group plaintiffs alleging employment discrimination.Continue Reading Decision Alert: Supreme Court Unanimously Rejects Heightened Burden for Reverse Discrimination Plaintiffs
Decision Alert: Supreme Court Dismisses Labcorp v. Davis as Improvidently Granted
On June 5, 2025, in an 8-1 decision, the Supreme Court dismissed Laboratory Corporation of America Holdings v. Davis as improvidently granted—despite having already granted certiorari and heard oral argument in the case on April 29, 2025. The Court did not explain its reasoning or disclose the vote breakdown. However, Justice Kavanaugh’s lone, solo dissent sheds light on the possible rationale behind the dismissal and defends the importance of the question presented.Continue Reading Decision Alert: Supreme Court Dismisses Labcorp v. Davis as Improvidently Granted
Supreme Court Hears Argument on Nationwide Scope of Injunction
On May 15, 2025, the Supreme Court heard oral argument on three related emergency applications—Trump v. CASA, Inc.(No. 24A884); Trump v. Washington (No. 24A885); and Trump v. New Jersey (No. 24A886)—arising from President Trump’s January 20, 2025, executive order restricting birthright citizenship. As Dykema previously reported, the case raises a critical legal question: whether a federal district court may issue nationwide, or “universal,” injunctions and, if so, under what legal framework such relief is justified.Continue Reading Supreme Court Hears Argument on Nationwide Scope of Injunction
Supreme Court Considers Standing to Challenge Clean Air Act Waiver Based on Market Impact
The Supreme Court recently heard oral argument in Diamond Alternative Energy, LLC v. Environmental Protection Agency (No. 24-7), a case examining whether economic harm stemming from market forces influenced by environmental regulation can support Article III standing. At issue is California’s authority to enforce its own emission standards, through a waiver granted by the U.S. Environmental Protection Agency (EPA) under Section 209 of the Clean Air Act (CAA).Continue Reading Supreme Court Considers Standing to Challenge Clean Air Act Waiver Based on Market Impact
Supreme Court Considers Nondelegation Challenge to FCC’s Universal Service Program
In a case with potentially sweeping implications for administrative and constitutional law, the Supreme Court is weighing whether the Federal Communications Commission’s (FCC) administration of universal telecommunications services violates the nondelegation doctrine—a principle that limits Congress’s ability to transfer legislative authority to agencies or private entities.Continue Reading Supreme Court Considers Nondelegation Challenge to FCC’s Universal Service Program
Decision Alert: Supreme Court Upholds FDA Denial of E-Cigarette Products
On April 2, 2025, in a significant decision in FDA v. Wages and White Lion Investments, LLC, the Supreme Court unanimously upheld the Food and Drug Administration’s (FDA) decision denying marketing authorization for certain e-cigarette products. The Court held that the FDA’s decision was not “arbitrary and capricious,” finding it consistent with the agency’s pre-decisional guidance and statutory mandate.Continue Reading Decision Alert: Supreme Court Upholds FDA Denial of E-Cigarette Products