Unprecedented Supreme Court Shadow Docket Usage Raises Transparency Concerns

Hello and welcome to the SCOTUS News Tracker podcast. I'm Jason, your reporter for the latest developments from the US Supreme Court.Recently, the Supreme Court made a significant decision in the cases of *TikTok v. Garland* and *Firebaugh v. Garland*, where the Court unanimously upheld the Protecting Americans from Foreign Adversary Controlled Applications Act. This law mandates that TikTok must be sold to a non-Chinese owner if its Chinese parent company, ByteDance, does not comply. The Court rejected TikTok’s First Amendment challenge, citing the threat of China collecting sensitive data from TikTok’s U.S. users to influence public opinion.In another key decision, the Supreme Court clarified the standard of proof for exemptions under the Fair Labor Standards Act (FLSA) in *E.M.D. Sales, Inc. v. Carrera*. The Court reaffirmed that the preponderance of the evidence standard remains the default unless explicitly altered by statute or constitutional mandate.The Court also addressed jurisdictional issues in *Royal Canin v. Wullschleger*, ruling that federal courts lose jurisdiction over state law claims when a plaintiff amends a complaint to eliminate federal law claims. This means such cases must be remanded to state court or dismissed if originally filed in federal court.Upcoming cases include *Parrish v. United States*, which will examine the timing of appeals and its jurisdictional consequences, and *Laboratory Corp. of America v. Davis*, which will decide whether a federal court can certify a class action that includes members who lack an Article III injury.Additionally, the Supreme Court is set to determine in *FDA v. R.J. Reynolds Vapor Co.* whether an e-cigarette manufacturer can seek review of the FDA’s denial of its marketing application in a forum where it does not reside. Another significant case, *McLaughlin Chiropractic Associates v. McKesson Corporation*, will explore the finality of federal agency orders, specifically the FCC’s interpretation of the Telephone Consumer Protection Act.The Court is also tackling post-employment disability discrimination in *Stanley v. City of Sanford*, where the issue is whether a former employee loses the right to file a discrimination claim related to post-employment benefits once they are no longer employed.These decisions and upcoming cases highlight the Supreme Court’s ongoing role in shaping critical legal issues across various domains, from civil procedure and employment rights to regulatory authority and individual protections.Thank you for listening to the SCOTUS News Tracker podcast. Don’t forget to subscribe for the latest updates and in-depth analysis of Supreme Court news.This content was created in partnership and with the help of Artificial Intelligence AI

21 Feb 2min

As of the latest updates, the US Supreme Court has been involved in several significant cases and decisions. One of the notable recent developments is the court's handling of emergency applications. For instance, on February 3, 2025, the Supreme Court denied an emergency application for a stay of mandate in the case of Aiello v. U.S., refusing to address a sufficiency challenge on remand.In another notable case, Trump v. New York, the court denied an emergency application for a stay of criminal proceedings against Donald Trump on January 9, 2025. This decision was marked by a split among the justices, with Justices Thomas, Alito, Gorsuch, and Kavanaugh dissenting and advocating for granting the stay.The Supreme Court has also been active in cases related to executive and regulatory powers. For example, in Garland v. Texas Top Cop Shop, the court granted an emergency application for a stay on January 23, 2025, halting a district court's universal injunction against the Corporate Transparency Act, a 2021 anti-money-laundering law. Justice Gorsuch concurred, while Justice Jackson dissented.On the regulatory front, the court has been considering various challenges to federal agencies' actions. Although not a recent decision, it's worth noting that the court is set to hear arguments in cases like FCC v. Consumers’ Research, which involves the constitutionality of a federal law requiring the FCC to establish programs for affordable internet access under the nondelegation doctrine.In terms of ongoing cases, the Supreme Court is currently deliberating on whether the deadline for appealing an immigration removal order is jurisdictional in the case of Riley v. Garland. This case has seen briefs arguing that the statute in question is not jurisdictional but rather a claim-processing rule subject to equitable tolling.Additionally, the court has been addressing several execution stays and other urgent matters. For example, recent denials of execution stays include those for Kevin Underwood and Joseph E. Corcoran, both of which were denied in December 2024.Thank you for listening to the SCOTUS News Tracker podcast. Don't forget to subscribe for the latest updates and in-depth analysis on the US Supreme Court.This content was created in partnership and with the help of Artificial Intelligence AI

19 Feb 2min

In recent developments, the US Supreme Court has been at the center of several significant legal battles and decisions. One of the most notable events is the Supreme Court's agreement to hear a case involving the Biden Administration's changes to the borrower defense rule. This rule, finalized in November 2022, aims to make it easier for students defrauded by their institutions to qualify for loan discharges. The case was brought by Career Colleges & Schools of Texas, which argues that the new rules create uncertainty and potential huge liability for its member institutions. The Fifth Circuit Court of Appeals had previously ruled that these regulations would cause immediate and irreparable injuries to the institutions, a decision that the Department of Education appealed to the Supreme Court.Another major headline involves President Donald Trump's efforts to expand his power to fire executive branch officials. Trump recently fired Hampton Dellinger, the head of the Office of Special Counsel, an office that enforces laws related to federal employees and investigates violations of the Hatch Act. Dellinger sued to get his job back, citing a federal statute that limits the president's ability to remove the special counsel. A federal district judge and an appeals court panel have so far sided with Dellinger, ordering his reinstatement while litigation proceeds. The Trump administration has taken this case to the Supreme Court, arguing that the lower court's order is an unprecedented assault on the separation of powers and inflicts irreparable harm on Trump's ability to manage the executive branch.Additionally, there has been a significant development in a case related to the Biden Administration's Title IX regulations. A district court judge blocked the implementation of the updated Title IX rules, ruling that the Department of Education exceeded its statutory authority, violated the Constitution, and acted in an arbitrary and capricious manner. This ruling has been hailed by some as a major victory for those opposing the new regulations, which were intended to address issues of gender identity and sexual harassment in schools.These cases highlight the ongoing tensions between the executive branch and the judiciary, as well as the Supreme Court's role in resolving critical constitutional and statutory issues.Thank you for listening to the SCOTUS News Tracker podcast. Don't forget to subscribe for the latest updates and in-depth analysis on Supreme Court news.This content was created in partnership and with the help of Artificial Intelligence AI

17 Feb 2min

As of the latest updates, the US Supreme Court has been involved in several significant developments, although there haven't been major new decisions or hearings in the last few days.One of the recent notable events was the Supreme Court's ruling on the Indian Child Welfare Act (ICWA) on June 15, 2023. In this ruling, the Court upheld the constitutionality of ICWA by a 7-2 vote, affirming Congress's authority to enact the law. The Court also reversed the 5th Circuit Court of Appeals' judgment on certain anticommandeering claims and vacated other parts of the judgment related to equal protection and nondelegation claims, remanding them for dismissal due to lack of jurisdiction.In more current news, there are upcoming cases that are garnering attention. For instance, a case involving a state charter school board, specifically related to St. Isidore, is scheduled to be heard by the Supreme Court in late April. This case is part of a broader landscape of educational and constitutional issues that the Court will be addressing.Additionally, there is ongoing tension between the judiciary and other branches of government. Recent reports highlight how figures like Trump, Vance, and Musk are criticizing the courts and judicial decisions, particularly as judges have been halting some of the second-term agenda items. This has led to discussions about a potential constitutional crisis, with scholars weighing in on the implications.State-by-state battles over abortion laws are also escalating and are likely to reach the Supreme Court, adding to the Court's already complex and contentious docket.Thank you for listening to the SCOTUS News Tracker podcast. Don't forget to subscribe for the latest updates and in-depth analysis on Supreme Court news.This content was created in partnership and with the help of Artificial Intelligence AI

14 Feb 2min

As of the latest updates, the U.S. Supreme Court has been involved in several significant developments. One of the key events is the ongoing litigation surrounding the Corporate Transparency Act (CTA). Despite the Supreme Court lifting the injunction in the *Texas Top Cop Shop, Inc. v. Garland* case on January 23, 2025, reporting obligations under the CTA remain paused due to a separate nationwide injunction issued by a federal judge in Texas in the *Smith v. U.S. Department of the Treasury* case on January 7, 2025. This means that companies are not currently required to file beneficial ownership information with the Financial Crimes Enforcement Network (FinCEN), and they will not face liability for failing to do so while the injunction is in place.In other news, the Supreme Court has added three new cases to its docket for the 2024-25 term. These include *Becerra v. Braidwood Management*, which involves a challenge to the structure of the U.S. Preventive Services Task Force, a part of the Department of Health and Human Services. The case centers on whether the task force's appointments violate the Constitution's appointments clause. Another case, *Department of Education v. Career Colleges and Schools of Texas*, will review a ruling that suspended the implementation of a rule intended to streamline the process for reviewing requests for student loan forgiveness. The third case, *Commissioner of Internal Revenue v. Zuch*, deals with the issue of when a tax hearing becomes moot.These cases are expected to be argued in April, with decisions likely by late June or early July.On a different note, there have been no major new decisions or hearings from the Supreme Court in the last few days, but the court's activities continue to be closely watched as various legal challenges and appeals make their way through the judicial system.Thank you for listening to the SCOTUS News Tracker podcast. Don't forget to subscribe for the latest updates and in-depth analysis on U.S. Supreme Court news.This content was created in partnership and with the help of Artificial Intelligence AI

12 Feb 2min

In the latest developments from the US Supreme Court, a significant shift has occurred in a pending case involving transgender healthcare. On February 7, the Trump administration notified the Supreme Court that it has changed its position on a Tennessee law that bans the use of puberty blockers and hormone therapy for transgender minors. Unlike the Biden administration, which had argued that this law violates the Constitution's guarantee of equal protection, the Trump administration now contends that the law does not deny equal protection.This case, which was originally filed by three transgender teens and their parents against Tennessee state officials, has been a focal point of controversy. The Biden administration had joined the case, arguing against the law, but the Trump administration's new stance aligns with the state's position. Despite this change, the Trump administration urged the Supreme Court to proceed with deciding the case, emphasizing the importance of resolving the equal protection question promptly, as it will impact many pending cases in lower courts.In other news, the Supreme Court has decided not to pause a case related to California emissions regulations despite recent policy shifts under the Trump administration. This decision reflects the court's commitment to addressing ongoing legal disputes regardless of changing executive policies.As the Supreme Court continues to navigate these complex issues, it is clear that the current term will be marked by significant decisions on contentious topics, including healthcare, environmental regulations, and constitutional rights.Thank you for listening to the SCOTUS news Tracker podcast. Don't forget to subscribe for the latest updates and in-depth analysis on the US Supreme Court.This content was created in partnership and with the help of Artificial Intelligence AI

10 Feb 2min

As of the latest updates, the US Supreme Court has been involved in several significant developments. One of the notable recent events is a judge's decision to block a bid by former President Donald Trump to restrict birthright citizenship. This move has sparked considerable interest and debate, highlighting the ongoing battles over immigration and constitutional interpretations.In addition to this, there has been a renewed focus on the broader impact of the Trump administration on executive power. Analysts and commentators are discussing how Donald Trump's presidency has transformed the scope and exercise of executive authority, a topic that continues to be a point of contention and legal scrutiny.The Supreme Court is also preparing to tackle a critical case related to workplace anti-bias laws, specifically a trans surgery case that will test the boundaries of these laws. This case is expected to have significant implications for workplace discrimination and the interpretation of existing anti-bias legislation.Furthermore, there has been ongoing discussion about the role of the Roberts court in shaping the concept of the "imperial presidency." This involves examining how the Supreme Court's decisions under Chief Justice John Roberts have influenced the balance of power between the executive and other branches of government.On the educational front, a lawsuit has been filed alleging that the University of California schools have illegally used racial preferences in their admissions processes. This case touches on the contentious issue of affirmative action and racial preferences in higher education, an area that has seen numerous legal challenges in recent years.Thank you for listening to the SCOTUS news Tracker podcast. Don't forget to subscribe for the latest updates and in-depth analysis on the US Supreme Court.This content was created in partnership and with the help of Artificial Intelligence AI

7 Feb 2min

In the latest developments from the US Supreme Court, a significant decision was made on January 9, 2025, that has garnered considerable attention. The Supreme Court cleared the way for President-elect Donald Trump's criminal sentencing to proceed in his New York hush money case. Trump had been convicted on 34 counts of falsifying business records to hide reimbursements made to adult film star Stormy Daniels.The court's decision was made through a brief, unsigned order issued in the evening, where the justices rejected Trump's plea to halt the sentencing. This ruling was not unanimous; four conservative justices – Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh – indicated they would have granted Trump's request. However, the necessary five votes were not achieved, as Chief Justice John Roberts and Justice Amy Coney Barrett joined the three liberal justices in allowing the sentencing to proceed.The court reasoned that Trump's complaints about the use of evidence could be addressed on appeal and noted that the trial court intended to impose a sentence of 'unconditional discharge' after a brief virtual hearing, which would impose a relatively insubstantial burden on Trump's responsibilities as President-elect.Additionally, there has been controversy surrounding Justice Samuel Alito, who had a conversation with Trump about one of Alito's former law clerks seeking a job in the new administration. This has led to calls from Rep. Jamie Raskin for Alito to recuse himself to avoid the appearance of impropriety.As of now, there are no major oral arguments or decisions from the Supreme Court in the last few days that have been as pivotal as this sentencing ruling. However, the court continues to operate with its regular schedule, addressing various legal issues as they arise.Thank you for listening to the SCOTUS News Tracker podcast. Don't forget to subscribe for the latest updates and in-depth analysis on Supreme Court news.This content was created in partnership and with the help of Artificial Intelligence AI

5 Feb 2min