Bloomberg Law's Cases and Controversies brings you the latest from the Supreme Court. Each week we preview oral arguments at the Court or feature in-depth inter...
Justices to Weigh if Congress Can Hand Over Rulemaking Power
The Supreme Court will consider a case at the end of March that could limit Congress’ ability to let federal regulators determine what public health and safety standards are necessary.
Depending on what the court decides, any statute that grants discretion to an agency could be open for re-review, said Jessica Ellsworth, a partner at Hogan Lovells.
"There's probably hundreds of thousands of places in the US code that there are terms used like 'in the public interest,' whether something is 'necessary' and 'appropriate,' whether something is 'reasonable,' whether something is 'fair' or 'unfair,' whether it's 'essential,'" she said.
Ellsworth joins Cases and Controversies hosts Greg Stohr and Lydia Wheeler to discuss the nondelegation doctrine and how this legal principle, which the court has been asked to revive, could impact the federal telecom subsidy program at issue and other regulations more broadly.
The hosts also chat about a social media post from President Donald Trump that garnered a rare response from Chief Justice John Roberts.
Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.
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24:29
Supreme Court in 'Eye of Storm' Before Taking on Major Cases
After a slow start, Supreme Court justices will hear consequential disputes as they head into second half of the term.
"This might be the eye in the storm that this was kind of a bit of a slower term," said Goodwin partner Brian Burgess. "There's some big, big cases ahead."
Burgess highlights cases involving religious rights, Obamacare, and forum shopping with Cases and Controversies hosts Lydia Wheeler and Kimberly Robinson.
Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.
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29:53
High Court Ruling on Nuclear Waste Storage Site Hard to Predict
A fight over plans for a privately owned nuclear waste storage facility in Texas seemed to divide the US Supreme Court as the justices wrestled with a federal agency’s regulatory authority and who can challenge it.
Cases and Controversies hosts Greg Stohr and Lydia Wheeler unpack Wednesday’s arguments in the dispute over a Nuclear Regulatory Commission license that would have moved as much as 40,000 tons of spent nuclear fuel to a privately owned facility.
The US Court of Appeals for the Fifth Circuit ruled the agency didn’t have the authority to grant the license after Texas and neighboring landowners challenged it in court. It's unclear if the court will affirm that ruling. A decision is due by the end of June or early July.
The hosts also chat about the most significant ruling to come from the Supreme Court so far in litigation against actions President Donald Trump has taken since returning to office. A divided court rejected his request to toss out a district court order that forced him to pay $2 billion in federal foreign aid.
Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.
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15:23
Supreme Court Confronts Bid to Open Up Gunmakers' Liability
The US Supreme Court hears argument March 4 in a case over gun industry protections from lawsuits.
The dispute involving Mexico and Smith & Wesson Brands Inc. centers on whether exceptions to the 2005 Protection of Lawful Commerce in Arms Act open manufacturers to court challenges.
Mexico alleges gunmakers intentionally trade with suppliers for drug cartels and the law allows suits when industry knowingly violates firearms laws in a way that causes injury. Industry says it's shielded, but the Boston-based US Court of Appeals for the First Circuit has said not so fast.
Cases and Controversies discusses the case with Georgia State law professor Timothy Lytton. He's filed a brief on behalf of neither party advocating for one of the law's exceptions opening gunmakers to potential liability.
Hosts: Kimberly Robinson and Greg Stohr
Producer: Mo Barrow
Do you have feedback on this episode of Cases & Controversies, Give us a call and leave a voicemail at 703-341-3690.
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24:42
Supreme Court Pulled Into First Trump Fight Over Executive Power
The Supreme Court- has been pulled into its first dispute over a Trump administration action with more cases likely coming its way.
Acting Solicitor General Sarah Harris asked the justices in an emergency request to toss out a temporary restraining order that stopped President Donald Trump from firing the head of the US Office of Special Counsel.
Lower courts have issued TROs in response to Trump’s executive actions now testing presidential authority to reshape the federal workforce, government spending, and citizenship rights.
Thomas Berry, the director of the Center for Constitutional Studies at the libertarian Cato Institute, joins Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler to discuss the first case before the high court.
Guest: Thomas Berry, Cato Institute
Hosts: Kimberly Robinson and Lydia Wheeler
Producer: Mo Barrow
Do you have feedback on this episode of Cases & Controversies, Give us a call and leave a voicemail at 703-341-3690.
Bloomberg Law's Cases and Controversies brings you the latest from the Supreme Court. Each week we preview oral arguments at the Court or feature in-depth interviews. We explore critical legal issues with Supreme Court advocates, judges, law professors, lawyers, and legal journalists. Hosts: Kimberly Robinson, Greg Stohr, and Lydia Wheeler.
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