Supreme Court turns away lawsuit claiming president has power to fire independent agency leaders

The Supreme Court on Oct. 21 decided against hearing an appeal aimed at giving the president the power to fire leaders of independent federal agencies. The justices denied the petition in Consumers’ Research v. Consumer Product Safety Commission (CPSC) without comment in an unsigned order. No justices dissented. The lead petitioner, Virginia-based Consumers’ Research, describes itself as an independent nonprofit organization “whose mission is to increase the knowledge and understanding of issues, policies, products, and services of concern to consumers.” The group argued that the U.S. Constitution empowers the president to remove those in charge of agencies in the executive … Continue reading Supreme Court turns away lawsuit claiming president has power to fire independent agency leaders

Supreme Court will hear Oklahoma challenge over EPA ‘good neighbor’ smog rule

The Supreme Court on Oct. 21 said it will hear Oklahoma’s case claiming that state disputes over a U.S. Environmental Protection Agency (EPA) policy should be heard in regional circuit courts, rather than in Washington. At issue is the EPA’s “good neighbor” rule that cracks down on states whose industries are said to be contributing to smog. Separately, the Supreme Court voted 5–4 on June 27 to temporarily put the rule on hold. The court held that the emissions-reduction standards established by a federal plan would probably cause irreversible harm to several of the affected states unless the plan were … Continue reading Supreme Court will hear Oklahoma challenge over EPA ‘good neighbor’ smog rule

Supreme Court overturns Texas murder conviction over expert witness testimony

The Supreme Court overturned the murder conviction of a Texas man who argued that the prosecution’s use of a medical expert who had not performed an autopsy on the victim violated his constitutional rights. The case of Jared Holton Seavey now returns to the Court of Appeals of Texas for the 14th District, which may order a retrial or take other action. The Supreme Court granted Seavey’s petition in a brief unsigned order on Oct. 15. The court did not explain its decision. No justices dissented. The nation’s highest court vacated the ruling of the Court of Appeals of Texas … Continue reading Supreme Court overturns Texas murder conviction over expert witness testimony

Supreme Court schedules argument in high-profile lawsuit over Tennessee’s ban on transgender treatments for minors

The Supreme Court on Oct. 18 scheduled argument in the federal government’s challenge to a Tennessee law that bans puberty blockers and medical treatments for minors who identify as transgender. The hearing in United States v. Skrmetti will take place on Dec. 4, the court announced. Respondent Jonathan Skrmetti is the attorney general of Tennessee. Several states have enacted legislation regarding transgender individuals’ treatments, participation in school sports, use of gender-specific bathrooms, and drag shows. At least 24 states have passed legislation banning transgender surgery for minors, according to the Movement Advancement Project. On the other hand, 16 states and … Continue reading Supreme Court schedules argument in high-profile lawsuit over Tennessee’s ban on transgender treatments for minors

Supreme Court rejects Michael Avenatti appeal in Stormy Daniels book case

The Supreme Court won’t hear former attorney Michael Avenatti’s appeal over his conviction for misappropriating nearly $300,000 in book proceeds earmarked for his former client, adult film actress Stephanie Clifford, known as Stormy Daniels. Avenatti represented Clifford in a lawsuit … Continue reading Supreme Court rejects Michael Avenatti appeal in Stormy Daniels book case

Supreme Court grapples with San Francisco’s challenge to EPA wastewater permit rules

Supreme Court justices on Oct. 16 heard arguments in a challenge to the U.S. Environmental Protection Agency’s (EPA) wastewater discharge permitting system, which San Francisco claims violates federal law. The city and county of San Francisco argue in the appeal … Continue reading Supreme Court grapples with San Francisco’s challenge to EPA wastewater permit rules

Justices weigh whether truck driver fired over drug test has RICO standing

Several U.S. Supreme Court justices seemed sympathetic during Oct. 15 oral argument to a truck driver who was fired after failing a drug test following consumption of a product marketed as drug-free. Respondent Douglas Horn was let go from his job as a commercial truck driver because he tested positive for tetrahydrocannabinol (THC)—the psychoactive compound in marijuana that produces a high—after consuming a hemp-based product that was advertised as THC-free. The hemp plant is a relative of marijuana. Horn said he unknowingly consumed THC when he used the “Dixie X” pain-alleviation elixir from petitioner Medical Marijuana Inc. He also said … Continue reading Justices weigh whether truck driver fired over drug test has RICO standing

Supreme Court resurrects lawsuit of journalist arrested after seeking information

The Supreme Court on Oct. 15 revived a citizen journalist’s lawsuit against Laredo, Texas, in which she claims that officials arrested her for pursuing information from a police source. Major news organizations and journalism nonprofits had spoken out in favor of the journalist, Priscilla Villarreal, known online as “Lagordiloca,” who provides livestream reports focusing on crime and corruption in the border town of Laredo. Villarreal argues that seeking information from government officials is central to journalism. The petition in Villarreal v. Alaniz was granted by the Supreme Court in a brief order. No justices dissented. The court did not provide … Continue reading Supreme Court resurrects lawsuit of journalist arrested after seeking information

Supreme Court grapples with whether motorists who won injunction should get attorney’s fees

Plaintiffs who enjoy partial success in civil rights lawsuits should not be entitled to have the governments they sue cover their attorneys’ fees, the Supreme Court heard on Oct. 8. The justices heard oral arguments in Lackey v. Stinnie, which … Continue reading Supreme Court grapples with whether motorists who won injunction should get attorney’s fees

Religious Oklahoma school asks Supreme Court to review state’s denial of its charter status

A charter school board in Oklahoma has asked the U.S. Supreme Court to review a state court ruling denying authorization for the nation’s first publicly-funded religious charter school. The board’s attorneys at the Alliance Defending Freedom (ADF) said the petition … Continue reading Religious Oklahoma school asks Supreme Court to review state’s denial of its charter status

Supreme Court won’t hear challenge to Biden’s order on voter registration

The Supreme Court on Oct. 7 rejected a Republican challenge to President Joe Biden’s executive order that increased government involvement in the voter registration and voter mobilization process. The justices denied the petition in Keefer v. Biden without comment. No … Continue reading Supreme Court won’t hear challenge to Biden’s order on voter registration