High Court Vaping Case Tests FDA's Regulatory Powers

High Court Vaping Case Tests FDA's Regulatory Powers

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.

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Justice Stephen Breyer on Trump, the Rule of Law, and Whether the Supreme Court is Political

Justice Stephen Breyer on Trump, the Rule of Law, and Whether the Supreme Court is Political

Former Supreme Court Justice Stephen Breyer sits down with Bloomberg Law's Matthew S. Schwartz to discuss the Court, executive power, Dobbs, judicial independence, and the rule of law. Reflecting on n...

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Supreme Court Term to Have Lasting Impact With Few Blockbusters

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The Supreme Court term was limited in its blockbusters this year, but the decision to limit the power of lower court judges to issue nationwide injunctions will have the biggest impact, attorneys and ...

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Transgender rights suffered a major loss at the US Supreme Court after its opinion in the Skrmetti case. But some advocates for transgender rights found reasons within the opinion to believe their cau...

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Busy Opinion Season in Full Swing at the Supreme Court

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The justices have already had a deluge of emergency requests from the Trump administration, and another is likely to land before them soon involving the president's tariffs. Lower courts have tempo...

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Justices Focus on Feasibility of Birthright Citizenship Limits

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The practicalities of birthright citizenship being restricted in some states but not others appeared to be a concern of key justices on the US Supreme Court. President Donald Trump has asked the ju...

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