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 Weighs Procedure for Reopened Federal Appeals
The Supreme Court is currently considering a procedural question that could significantly affect how appeals are handled when litigants miss filing deadlines due to delayed notice of judgment. In Parrish v. United States (No. 24-275), the Justices will decide whether a litigant who timely files a notice of appeal after the ordinary deadline—but before a district court formally reopens the appeal period—must later file a second, duplicative notice once the period is officially reopened.Continue Reading Supreme Court Weighs Procedure for Reopened Federal Appeals
Supreme Court Weighs Certification of a Class Including Uninjured Plaintiffs
In Laboratory Corporation of America Holdings v. Davis (No. 24-304), the Supreme Court has the opportunity to decide whether a federal court may certify a class action under Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury. If the Court reaches the question presented, its ruling has the potential to send shockwaves through the high-stakes world of class action litigation, where defendants are often pressured to settle claims regardless of their merit when faced with potentially catastrophic damages awards. But a gleaming procedural infirmity appears likely to prevent the Court from doing so.Continue Reading Supreme Court Weighs Certification of a Class Including Uninjured Plaintiffs
Decision Alert: Supreme Court Clarifies Medicare DSH Reimbursement—Key Implications for Hospitals in Advocate Christ Medical Center v. Kennedy
On April 29, in a 7-2 decision authored by Justice Barrett, the Supreme Court held in Advocate Christ Medical Center v. Kennedy (No. 23-715) that the “Medicare fraction” of the Medicare program includes only those patients who were eligible to receive supplementary social income (SSI) payments during the month of their hospitalization, as opposed to patients who were merely enrolled in the SSI system at the time of their hospitalization.Continue Reading Decision Alert: Supreme Court Clarifies Medicare DSH Reimbursement—Key Implications for Hospitals in Advocate Christ Medical Center v. Kennedy
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 Whether EPA’s Collective Disapprovals of State Environmental Plans Create a Nationwide Action Subject to D.C. Circuit Review
In a pair of consolidated cases—Oklahoma v. EPA and PacifiCorp v. EPA—the Supreme Court is considering the scope of the Clean Air Act’s (CAA) judicial review provision, and whether the Environmental Protection Agency’s (EPA) coordinated disapproval of state implementation plans (SIPs) constitutes a “nationally applicable” action or one of “nationwide scope or effect” that must be challenged in the D.C. Circuit.Continue Reading Supreme Court Considers Whether EPA’s Collective Disapprovals of State Environmental Plans Create a Nationwide Action Subject to D.C. Circuit Review
Supreme Court Considers Venue and Nationwide Applicability of EPA Actions in Renewable Fuel Case
In Environmental Protection Agency v. Calumet Shreveport Refining, the Supreme Court is weighing whether legal challenges to the Environmental Protection Agency’s (EPA) denial of Renewable Fuel Standard (RFS) exemptions for small oil refineries must be filed exclusively in the D.C. Circuit under the Clean Air Act (CAA).Continue Reading Supreme Court Considers Venue and Nationwide Applicability of EPA Actions in Renewable Fuel Case
Decision Alert: Supreme Court Narrows EPA Authority Under Clean Water Act in 5-4 Decision
In the closely watched case, City and County of San Francisco v. Environmental Protection Agency, the Supreme Court held in a 5-4 decision that Section 1311(b)(1)(C) of the Clean Water Act (CWA) does not authorize the Environmental Protection Agency (EPA) to condition compliance with its National Pollutant Discharge Elimination System (NPDES) permits on the quality of the receiving waters. The ruling is expected to significantly impact wastewater treatment facilities nationwide by narrowing the scope of EPA enforcement authority.Continue Reading Decision Alert: Supreme Court Narrows EPA Authority Under Clean Water Act in 5-4 Decision
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
Grant Alert: Supreme Court to Hear Challenge on Scope of Nationwide Injunctions in Birthright Citizenship Case
Trump, President of U.S., et al. v. Casa, Inc., et al.
Trump, President of U.S., et al. v. Washington, et al.
Trump, President of U.S., et al. v. New Jersey, et al.
In a notable procedural move, the Supreme Court has scheduled oral argument for May 15, 2025, to consider three related emergency applications stemming from President Trump’s January 20 executive order restricting birthright citizenship. The Court’s decision to set oral argument—rather than to summarily rule on the emergency filings—signals the significance of the underlying legal questions.Continue Reading Grant Alert: Supreme Court to Hear Challenge on Scope of Nationwide Injunctions in Birthright Citizenship Case