Last Month at the Supreme Court | January 2025

The January 2025 edition of Last Month at the Supreme Court ushers in the new year with an exploration of pivotal legal issues spanning constitutional boundaries, regulatory frameworks, and white-collar crimes. This month, we spotlight the Court’s much-anticipated examination of the impending ban on TikTok and a Grant Alert on a case that raises whether the redressability component of Article III standing can be established by relying on the predictable effects of regulation on third parties. Additionally, this edition covers other critical questions before the Court, including:

• The evidentiary burden and criteria for the FDA’s approval of new e-cigarette products.
• The extent to which the National Environmental Policy Act requires a federal agency to study environmental impacts beyond its statutory purview.
• The level of harm to a property interest necessary to prosecute a conspiracy to commit wire fraud. 

Stay tuned for insights into these and other significant developments shaping the legal landscape for your business. 

For more information, please contact Chantel Febus, James Azadian, Susan Feibus, Mark Magyar, Kyle Asher, Christopher Sakauye, Monika Harris, or Ryan VanOver.

Tik-ing Down?: Supreme Court Considers TikTok’s Future Amid National Security Concerns

The clock is winding down on TikTok’s future in the United States, as the popular video-sharing website’s China-based owner, ByteDance, has until this Sunday, Jan. 19, to sell TikTok to a non-Chinese owner or shut it down in the U.S—the day before President-Elect Donald Trump takes office. That’s because Congress recently passed a bipartisan law, called the Protecting Americans from Foreign Adversary Controlled Applications Act (or PAFACA), banning internet service providers and firms from hosting or offering apps controlled by foreign governments hostile to the U.S. The proponents of the Act believe the website gathers user data and that China could manipulate personalized video feeds to influence U.S. public opinion. TikTok is reportedly used by more than 170 million Americans. Read the full synopsis here.  

Hypotheticals and Humor: The Supreme Court Explores Wire Fraud’s Proof Boundaries

What do a horse named Charlie, a painting of Grover Cleveland, $1 million worth of coal, and hiring a babysitter have in common? All were the subject of hypothetical scenarios raised during the December 9, 2024, oral argument in Kousisis v. United States. The question before the Court is whether conspiring to commit wire fraud, a violation of 18 U.S.C. § 1343, requires proof of harm to a property interest in the form of financial loss. Read the full synopsis here.

Supreme Court To Determine Limits of Arbitrary and Capricious Agency Action

In FDA v. Wages and White Lion Investments, LLC,the Supreme Court is set to decide whether the court of appeals erred in ruling that the Food and Drug Administration’s (FDA) denial of authorization for new e-cigarette products was arbitrary and capricious. Read the full synopsis here.

Supreme Court To Resolve NEPA Dispute Over Environmental Review Boundaries

In Seven County Infrastructure Coalition v. Eagle County, Colorado, the challenge before the Court is whether the National Environmental Policy Act (NEPA) mandates a federal agency to study environmental impacts beyond those within its regulatory authority. Read the full synopsis here.

Grant Alert: Supreme Court Set To Address Article III Standing Based on Effect of Regulation on Third Parties

Section 209 of the Clean Air Act generally preempts states from setting their own emission standards for motor vehicles. However, under Section 209(b), the EPA may grant California a waiver to establish its own standards if California demonstrates a need to address “compelling and extraordinary conditions.” Read the full synopsis here.

Chief Justice’s Year-End Report

On December 31, 2024, Chief Justice Roberts issued his annual year-end written report. The New Year’s Eve report is an annual tradition, beginning with Chief Justice Warren Burger in 1970, giving the chief justice an opportunity to discuss a topic of his choosing. Read the full synopsis here.