Supreme Court springs back to work with four key cases on the docket

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Washington Examiner

The Supreme Court will be abuzz next week as the justices are poised to hear four oral arguments on matters ranging from vaping to transgender medical procedures.

The high court has been out of session for over two weeks and is scheduled to come back on Monday for the December session.

 

But what exactly will the conservative-learning court be asked to consider? The Washington Examiner breaks down the four cases on the docket next week.

Vaping on the docket 

First up next week will be oral arguments in Food and Drug Administration v. Wages and White Lion Investments. The Supreme Court has been asked to evaluate the FDA’s rejection of marketing applications for flavored e-cigarettes, which is said to be part of a large effort to curb teens and minors from vaping and smoking.

While lower courts have upheld the FDA’s decision to deny new applications, the right-leaning U.S. Court of Appeals for the 5th Circuit sided with a Texas-based e-liquid distribution company — one of several that have claimed the rejections were unfair.

 

Industry players have insisted the FDA denials were imposed without giving proper notice.

If the court rules against the agency, it would be in line with several recent decisions seeking to weaken federal regulatory agencies.

Bankruptcy precedent

Next, the Supreme Court will hear United States v. Miller, which will determine if a bankruptcy trustee can recover a debtor’s tax payment to the Internal Revenue Service.

In this complex case, the high court will be taking a close look at Section 544(b) of the Bankruptcy Code, which allows bankruptcy trustees to “avoid,” essentially undo or recover, debtor transfers or payments made before bankruptcy.

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Transgender care for minors gets first Supreme Court review: What to know
Kaelan Deese
December 2, 2024

The Supreme Court will soon hear arguments in a landmark case that could set a pivotal precedent on states’ authority to regulate transgender hormone therapy procedures for minors.

At the heart of the set for oral arguments Wednesday is whether Tennessee’s Senate Bill 1 (SB1), a law barring puberty blockers, cross-sex hormones, and surgeries for minors, violates the Equal Protection Clause of the 14th Amendment.

While Republican lawmakers, including incoming President-elect Donald Trump, have sounded alarms about matters of fairness surrounding biological men competing on female sports teams, a larger underbelly of concern is brewing over the more than 14,000 minors who have undergone transgender-related procedures since 2019.

SB1 is “a law that is directed at children and at protecting children from the irreversible effects of some very serious procedures,” Tennessee Attorney General Jonathan Skrmetti told the Washington Examiner in early October.

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The Narrative

Dobbs Was Just the Beginning. Now Trans Rights Are Being Tested at the Supreme Court.
Dahlia Lithwick
December 2, 2024

On Dec. 4, the U.S. Supreme Court will hear arguments in what is likely to be the most important trans rights case in history. It will have knock-on effects for civil rights jurisprudence that will affect the freedoms and protections of LGBTQ+ Americans, women, medical providers, and parents’ rights to raise their children without interference from the state. Tennessee’s SB1 bans surgery, puberty blockers, and hormone treatment for the purpose of gender transition for people under 18. On Amicus, Dahlia Lithwick spoke to Chase Strangio, co-director of the American Civil Liberties Union’s LGBTQ and HIV Project, who will argue United States v. Skrmetti. Strangio will be the first openly trans lawyer arguing at the high court. Their conversation has been lightly edited and condensed for clarity.