Is a Bush v. Gore Sequel Possible This Year?

Justices on both sides of the US Supreme Court’s ideological line seemed concerned about a future ruling on gender-affirming care for minors reaching far beyond Tennessee and transgender kids. Whether an appeals court erred in how it scrutinized the constitutionality of state laws that purport to discriminate against people based on their sex was a central part of Dec. 4 arguments in United States v. Skrmetti. Cases and Controversies hosts Kimberly Robinson and Lydia Wheeler take listeners through the arguments in the Biden administration’s fight against Tennessee’s ban on hormone treatments and puberty blockers for transgender minors and what the justices’ questions, or lack thereof, signal for the outcome of the case. Hosts: Lydia Wheeler and Kimberly Robinson 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.

A case testing the federal government's ability to regulate potentially harmful tobacco products will kick off arguments at the US Supreme Court in December. The Biden Administration is fighting to keep off the market new liquids for e-cigarettes sold under flavors like "Blackberry Lemonade" and "Killer Kustard Blueberry" that can attract kids in its appeal of a US Court of Appeals for the Fifth Circuit decision to set aside the Food and Drug Administration's orders denying their approval. Typically, the court doesn't agree to hear a case "to pat the lower court on the head and say, 'Really good job,'" said Carter Phillips, a partner at Sidley Austin who's argued 90 cases before the justices. But, he said, "this is a court that is much more skeptical of agency decision-making than the court has ever been, at least in the time that I've been practicing before it." Phillips joins “Cases and Controversies” hosts Greg Stohr and Lydia Wheeler to talk about the case and why his client, the nonprofit Global Action to End Smoking Inc., is supporting neither side in this dispute,. Guest: Carter Phillips, Sidley Austin LLP Hosts: Greg Stohr 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.

The US Supreme Court struggled with where to draw the appropriate lines in bread-and-butter cases involving Nvidia Corp., criminal law, and immigration deadlines. In the securities case, the court looked for what Chief Justice John Roberts called a "sweet spot" in the Nvidia investor suit alleging the chipmaker at the heart of the AI boom misled the public about its dependence on crypto-mining revenue. In the criminal case, the justices described the argument that an attempted murder-for-hire scheme isn't a crime of violence as "absurd." But they found similar irrationality in the government's argument on the other side. And finally, the justices similarly struggled over whether to give immigrants who voluntarily agree to leave the country more flexibility to appeal their deportation. Cases and Controversies hosts Kimberly Robinson and Greg Stohr breakdown the justices' concerns in the latest episode. 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.

The US Supreme Court struggled with how to ensure investors get accurate information without exposing companies to massive liability, in the multi-billion-dollar investor suit against Facebook’s parent company, Meta. The case centers on the fallout from Cambridge Analytica's unauthorized misuse of users data. Investors claim the tech giant mislead investors when warning that data misuse was a hypothetical risk at a time when Meta already knew that that political consulting firm had accessed information on 30 million users. "Cases and Controversies" hosts Kimberly Robinson and Lydia Wheeler break down the Nov. 6 arguments. They explain how the justices searched for the proper line to draw and ultimately questioned whether they should be the ones to do so. Why "does the judiciary have to walk the plank on this?” Justice Brett Kavanaugh asked. 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.

Donald Trump is likely to flip Biden administration positions in disputes at the US Supreme Court over certain health-care treatments for transgender minors and federal regulations for build-at-home “ghost guns” should he win the White House. “These changes in position are not frequent, but we do see them every four years,” said Thomas Wolf, director of democracy initiatives at the Brennan Center for Justice. Wolf joins “Cases and Controversies” hosts Kimberly Robinson and Lydia Wheeler to talk about when the government has flipped positions in the past and what could happen to current cases that could be targeted this term by a Trump administration. Hosts: Kimberly Robinson and Lydia Wheeler. Guest: Thomas Wolf, Brennan Center for Justice. 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.

The US Supreme Court is less likely to be the deciding factor in the tight presidential election absent a game-changing dispute in a single state as was the case in 24 years ago when the election went to the justices in Bush v. Gore. Notre Dame law professor Derek Muller joins Cases and Controversies to explain what states and courts are doing to try to avoid such a situation ahead of Nov. 5, and get his take on what would make high court intervention unlikely and what scenario might trigger a review.

A truck driver consumed CBD oil, failed a drug test, and was fired from his job, but can he sue the companies that make the product for three times his lost wages? That was the question before the Supreme Court in a case that tests the scope of the Racketeer Influenced and Corrupt Organizations Act, a federal law otherwise known as RICO that was designed to fight organized crime. RICO is a criminal law, but it allows people to bring a civil suit to get three times their damages and attorneys’ fees if their "business or property" is hurt by a criminal enterprise. The manufacturers of the CBD product say the truck driver in this case suffered a personal injury not an injury to his business or property and can't sue them under the law. Cases and Controversies hosts Greg Stohr and Lydia Wheeler look at the arguments and try to figure out where the justices might come down on this dispute. Hosts: Greg Stohr and Lydia Wheeler Producer: David Schultz and Mo Barrow Do you have feedback on this episode of Cases & Controversies? Give us a call and leave a voicemail at 703-341-3690.

Oklahoma death row inmate Richard Glossip appears likely to achieve a rare victory at the Supreme Court despite a conservative majority that’s often hostile to capital defendants.  One factor setting Glossip’s case apart from others is that the state’s Republican attorney general sided with him in his bid for a new trial. But the fact that it’s still a question whether Glossip will prevail after arguments Oct. 9 shows the steep climb capital defendants have a the Supreme Court. Cases and Controversies hosts Kimberly Robinson and Greg Stohr run through the arguments and the hurdles that Glossip must clear. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

Supreme Court justices kick off their new term with arguments on guns and the death penalty, but a case about attorneys’ fees in civil rights cases has grabbed the attention of a diverse set of outside parties. Pooja Chaudhuri, of the Lawyers’ Committee for Civil Rights Under Law, joins Cases and Controversies to discuss why groups supporting gun rights, religious freedom, and racial justice have teamed up in Lackey v. Stinnie. The justices will consider whether a preliminary injunction is enough of a victory to support an award of attorneys’ fees under a statute intended to encourage lawyers to take civil rights cases and deter “bad actors.” The case to be argued Oct. 8 pits civil rights groups against government officials and entities who are the targets of these suits. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.

The Supreme Court kicks off its new term on Oct. 7 and the justices will hear arguments the first week in a dispute over “ghost gun” kits and an appeal from a death row inmate in Oklahoma. With about 27 cases granted for argument so far, the term is light on potential blockbusters. “There are a lot of cases that I would describe as kind of the meat and potatoes type cases that you typically see on the Supreme Court’s docket,” said Kannon Shanmugam, chair of the Supreme Court and appellate litigation practice at Paul Weiss. Shanmugam joins “Cases and Controversies” to discuss the court’s term and the more notable issues the justices will consider, including a challenge to a Tennessee law that bans health-care providers from prescribing puberty blockers or hormones to transgender minors. Do you have feedback on this episode of Cases and Controversies? Give us a call and leave a voicemail at 703-341-3690.