Supreme Court

Subscribe to Supreme Court via RSS

The Supreme Court yesterday took an important step toward resolving the growing uncertainty over the scope of National Bank Act preemption. In an order issued October 5, the Court invited the Solicitor General to file briefs expressing the views of the United States in three cases involving state laws requiring national banks to pay interest on mortgage escrow accounts: Cantero v.… Continue Reading

We have, of course, already blogged about the Supreme Court’s holding in Trump v. Slaughter, 25-332 (2026). One aspect of the decision, however, deserves separate attention because it may foreshadow future challenges to one of the FTC’s, and perhaps the CFPB’s, most significant sources of regulatory authority.

Although not necessary to the Court’s holding, Chief Justice Roberts and, even more pointedly, Justice Gorsuch questioned the extraordinary breadth of the Federal Trade Commission’s authority to define by regulation what constitutes an “unfair or deceptive act or practice” under Section 5 of the Federal Trade Commission Act.… Continue Reading

In a significant win for parties seeking to enforce arbitration agreements, the U.S. Supreme Court yesterday issued a unanimous decision in Jules v. Andre Balazs Properties holding that when a federal court stays a case pending arbitration under Section 3 of the Federal Arbitration Act (“FAA”), the federal court retains jurisdiction to later confirm or vacate the resulting arbitration award, even if the post-arbitration motion would not independently satisfy federal subject matter jurisdiction requirements.… Continue Reading

The podcast show we are releasing today is a repurposing of part 1 of a webinar we produced on August 13, 2025, which explored the U.S. Supreme Court’s pivotal 6-3 decision in Trump v. CASA, Inc., a ruling that significantly curtails the use of nationwide or “universal” injunctions. A universal injunction is one which confers benefits on non-parties to the lawsuit.… Continue Reading

Our podcast show being released today commemorates the one-year anniversary of the U.S. Supreme Court’s opinion in Loper Bright Enterprises – the opinion in which the Court overturned the Chevron Deference Doctrine. The Chevron Deference Doctrine stems from the Supreme Court’s 1984 decision in Chevron v. Natural Resources Defense Council. The decision basically held that if federal legislation is ambiguous the courts must defer to the regulatory agency’s interpretation if the regulation is reasonable.… Continue Reading

On August 13, 2025, from 12:00 to 1:30 PM ET, we invite you to join us for an insightful webinar exploring the U.S. Supreme Court’s pivotal 6-3 decision in Trump v. CASA, Inc., a ruling that significantly curtails the use of nationwide or “universal” injunctions. This landmark case marks a turning point in federal court jurisprudence, with profound implications for equitable relief, national policy, and governance.… Continue Reading

In the aftermath of the Supreme Court’s ruling on June 27 invalidating universal injunctions as the remedy imposed by three federal district courts that had determined that President Trump’s Executive Order limiting birthright citizenship (the “Executive Order”) is unconstitutional, a Federal District Court in New Hampshire, in a one-page order, provisionally certified a class (the “Class”) composed of:

All current and future persons who are born on or after February 20, 2025, where (1) that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.… Continue Reading

Last Friday, the Supreme Court, in a 6-3 opinion in Trump v. CASA, Inc. covering three separate lawsuits that were consolidated for purposes of argument and decision, held that Federal Courts may not grant a universal injunction against the President implementing his Executive Order limiting birthright citizenship. (A “universal injunction” is an injunction which purports to confer benefits on third parties who are not named-plaintiffs in the lawsuit.).… Continue Reading

On this coming Thursday, July 11, from Noon until 1 pm, ET, we will be holding a Webinar Roundtable about the Supreme Court’s recent opinion on May 30, in which a unanimous Supreme Court reversed and remanded the Cantero v. Bank of America case to the Second Circuit. This is a case of extraordinary importance to national banks and non-banks that partner with them where the objective, at least in part, is to take advantage of a national bank’s preemption of state law.… Continue Reading

On July 1, 2024, the Supreme Court issued its opinion in Corner Post, Inc. v Board of Governors of the Federal Reserve System in which the Court determined when a Section 702 claim under the Administrative Procedure Act (APA) to challenge a final agency action first accrues. In a 6-3 Opinion, the Supreme Court sided with Corner Post in holding that a right of action first accrues when the plaintiff has the right to assert it in court—and in the case of the APA, that is when the plaintiff is injured by final agency action.… Continue Reading