On February 24, the Supreme Court released its unanimous decision in Hain Celestial Group, Inc. v. Palmquist, affirming the Fifth Circuit’s decision to vacate the post-trial final judgment because the district court’s erroneous dismissal of a nondiverse defendant based on improper joinder resulted in a jurisdictional defect that existed at the time of removal, which was not cured prior to final judgment.
Continue Reading Decision Alert: Supreme Court Rules Post-Trial Final Judgment Must Be Vacated if Jurisdictional Defect Lingers Through JudgmentDecision Alert
Decision Alert: Supreme Court Holds That Courts Can Prohibit Consultation About Ongoing Testimony During Overnight Recess
In a unanimous judgment, the Supreme Court affirmed the Texas Court of Criminal Appeals’ holding that an order prohibiting a criminal defendant and his attorney from discussing the defendant’s testimony during a mid-testimony, overnight recess does not violate the defendant’s Sixth Amendment right to counsel.
Continue Reading Decision Alert: Supreme Court Holds That Courts Can Prohibit Consultation About Ongoing Testimony During Overnight RecessDecision Alert: Supreme Court Limits Colorado’s Conversion Therapy Ban
On March 31, the Supreme Court released its 8-1 decision in Chiles v. Salazar, holding that Colorado’s Minor Conversion Therapy Law (MCTL), C.R.S. §§ 12-245-101, 12-245-202, unconstitutionally regulates speech as applied to the Petitioner. The narrow ruling offers some clarification of the rules that govern speech incidental to the conduct of regulated professionals.
Continue Reading Decision Alert: Supreme Court Limits Colorado’s Conversion Therapy BanDecision Alert: Supreme Court Holds President Not Authorized To Impose Tariffs Under the International Emergency Economic Powers Act
As summarized in Dykema’s December 2025 edition, the Supreme Court heard oral argument this fall in two consolidated cases (Learning Resources v. Trump and Trump v. VOS Selections) that presented the question of whether the International Emergency Economic Powers Act (IEEPA) authorizes the President to impose tariffs. In a 6-3 decision out last month, the Supreme Court held that it does not.
Continue Reading Decision Alert: Supreme Court Holds President Not Authorized To Impose Tariffs Under the International Emergency Economic Powers ActDecision Alert: Supreme Court Vacates Stay on Injunction to Block California Transgender Nondisclosure Policy
On March 2, 2026, in Mirabelli v. Bonta (No. 25A810), the Supreme Court blocked a California law that prohibited public school officials from disclosing a student’s gender identity at school to their parents without the student’s consent, even if the parents expressly asked for the information.
Continue Reading Decision Alert: Supreme Court Vacates Stay on Injunction to Block California Transgender Nondisclosure PolicyDecision Alert: Supreme Court Unanimously Holds That There Is a “Reasonable Time” Limit To Challenge Void Judgments
On January 20, 2026, in Coney Island Auto Parts Unlimited, Inc. v. Burton, the Supreme Court unanimously held that litigants do not have unlimited time to challenge judgments as void; instead, they must file any such challenge within a “reasonable time.” The decision resolved an 11-1 circuit split, affirming the Sixth Circuit and concluding that all the other circuit courts to address this question have been improperly allowing litigants to seek to vacate void judgments with no time limit at all.
Continue Reading Decision Alert: Supreme Court Unanimously Holds That There Is a “Reasonable Time” Limit To Challenge Void JudgmentsDecision Alert: Supreme Court Clears the Way for Executive Control
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 ControlDecision 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 InjunctionsDecision 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 ProgramDecision 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