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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

Parrish v. United States

In Parrish v. United States, the Supreme Court will address a procedural issue—with potentially serious jurisdictional consequences—regarding the timing of appeals. Typically, litigants must file a notice of appeal within 30 or 60 days of an adverse judgment under 28 U.S.C. § 2107(a)-(b). However, under 28 U.S.C. § 2107(c) and…

Section 209 of the Clean Air Act generally preempts states from setting their own emission standards for motor vehicles. However, under Section 209(b), the EPA may grant California a waiver to establish its own standards if California demonstrates a need to address “compelling and extraordinary conditions.”Continue Reading Grant Alert: Supreme Court Set To Address Article III Standing Based on Effect of Regulation on Third Parties

Congress authorized the Federal Communications Commission (FCC) to establish and implement universal service subsidy programs to promote affordable and reliable nationwide communications services funded by mandatory contributions from telecommunications carriers. 47 U.S.C. § 254. As part of the regulatory scheme to implement its programs, the FCC appointed the Universal Service Administrative Company (USAC), a private company, to administer the programs. Among its tasks, the USAC calculates projections used in computing universal service contribution rates (a tax determined by a private entity according to the Fifth Circuit), which the FCC may adopt.Continue Reading Grant Alert: The Court Continues To Scrutinize the Administrative State but Questions the Claimed Procedural Laxity of Challenges to Agency Action