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Under the Family Smoking Prevention and Tobacco Control Act, the FDA must approve new tobacco products. Wages and White Lion Investments (dba Trion Distribution) and Vapetasia manufacture and sell flavored nicotine-containing liquids for use in refillable e-cigarette systems. They applied for FDA approval in 2020; about ten months later, the FDA announced new requirements for approval and, based on those requirements, denied the applications citing the deficiency. The manufacturers challenged the denial and the Fifth Circuit, sitting en banc, found the FDA's actions were arbitrary and capricious. SCOTUS heard oral argument on Monday, December 2, 2024. On April 2, 2025, the Court issued a decision vacating the Fifth Circuit in a 9-0 opinion written by Justice Alito. Justice Sotomayor wrote a concurring opinion. Join us for a Courthouse Steps Decision panel discussion, where a group of experts will discuss this important case and its potential effects not just for regulated parties but in the broader administrative law space. Featuring: Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law and Director, Coleman P. Burke Center for Environmental Law, Case Western Reserve University School of Law Prof. Kristin E. Hickman, Distinguished McKnight University Professor and Harlan Albert Rogers Professor in Law, University of Minnesota Law School Prof. Richard J. Pierce, Jr., Lyle T. Alverson Professor of Law, George Washington University Law School (Moderator) Eli Nachmany, Associate, Covington & Burling LLP

President Trump’s February 18 “Ensuring Accountability for All Agencies” Executive Order directs independent regulatory agencies to submit for review all proposed and final significant regulatory actions to the Office of Information and Regulatory Affairs (OIRA) within the Executive Office of the President. This joint webinar, sponsored by the Administrative Law and the Corporations, Securities & Antitrust Practice Groups, will discuss the real-world implications of this order for independent agencies, including the Federal Communications Committee and the Federal Trade Commission.Featuring:J. Howard Beales, III, Professor Emeritus of Strategic Management and Public Policy, School of Business, The George Washington UniversityHon. Susan E. Dudley, Founder, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington UniversityThomas M. Johnson, Jr. Partner, Wiley Rein LLPProf. Adam White, Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative StateModerator: Svetlana Gans, Partner, Gibson Dunn & Crutcher--To register, click the link above.

On March 25th, 2025, the Supreme Court will hear oral argument to resolve two circuit splits arising under the Clean Air Act (CAA) provision regarding judicial venue: EPA v. Calumet Shreveport Refining, L.L.C. (23-1229), and Oklahoma v. EPA (23-1067). The outcome of these cases will hinge on the Court’s interpretation of the CAA’s unique venue provision, 42 U.S.C. § 7607(b)(1). The CAA states that challenges to “nationally applicable” actions may be filed only in the D.C. Circuit. 42 U.S.C. § 7607(b)(1). Conversely, challenges to CAA actions that are “locally or regionally applicable” may generally be filed only in the appropriate circuit court for the region. Id. But there is an exception: actions that are “based on a determination of nationwide scope or effect” must be filed in the D.C. Circuit “if in taking such action the Administrator finds and publishes that such action is based on such a determination.” Id.What is the meaning and scope of this exception? How far may EPA go in picking where to litigate its final actions? And what does this mean for denials of State Implementation Plans (SIPs), small oil refineries seeking Renewable Fuel Standard (RFS) exemptions, and other EPA actions affecting the regulated community? Tune in as Jimmy Conde and Garrett Kral offer their initial impressions following oral argument.Featuring:James Conde, Partner, Boyden Gray PLLCModerator: Garrett Kral, Administrative and Environmental Law Attorney To register, click the link above.

How California’s state and local governments act in the wake of the devastating wildfires will be a harbinger of whether America can deal with its housing issues. California’s housing crisis was dire before the Southern California wildfires were sparked. As Jim Burling has recounted in his new book, Nowhere to Live, half of the nation’s homeless population lives in California. And between 2020 and 2023, California’s homeless population increased by 5.8 percent.Some argue that this housing crisis has only been exacerbated by errant government policies like exclusionary zoning and restrictive permitting conditions because these stifle the production of affordable housing. Others contend, however, that these restrictions are necessary not only to promote the orderly development of California’s land, but also to help prevent and avoid destruction done by wildfires and other natural disasters.Now, after so much property has been razed to the ground, how are California’s state and local governments addressing the needs of displaced landowners? What effect will Gov. Newsom’s emergency orders suspending the California Coastal Act’s requirements have on rebuilding? Will the California Coastal Commission comply with the Governor’s directives and how will it respond to rebuilding efforts? What implications will California’s response to the fires have on housing going forward?Join a panel of expert scholars, Jennifer Hernandez, Ilya Somin, and Nolan Gray, who will address these questions and much more.Speakers:Nolan Gray, Senior Director of Legislation and Research, California YIMBY Jennifer Hernandez, Partner, Holland & KnightProf. Ilya Somin, Professor of Law, Antonin Scalia Law School, George Mason UniversityModerator: Stephen Davis, Senior Legal Fellow, Pacific Legal Foundation

In July of 2018, Governor Henry McMaster of South Carolina issued an executive order to terminate the inclusion of Planned Parenthood in the Medicaid program. The Department of Health and Human Services then informed Planned Parenthood that they were no longer qualified to provide services to Medicaid beneficiaries, which prompted lawsuits both from Planned Parenthood and beneficiaries seeking to enforce their right to “free-choice-of-provider,” included in a 1967 Medicaid provision. This case, argued on April 2, asks whether this provision unambiguously confers a private right upon a Medicaid beneficiary to choose a specific provider. Join this Courthouse Steps webinar as we discuss this case and the oral arguments presented in court.Featuring:Eric Wessan, Solicitor General, Iowa Office of the Attorney GeneralModerator: Ryan Bangert, Senior Vice President, Strategic Initiatives & Special Counsel to the President, Alliance Defending Freedom--To register, click the link above.

How much control can public schools exercise over the speech of their students and staff on divisive issues such as anti-racism and using preferred pronouns? Two en banc cases out of the Sixth Circuit and Eighth Circuit are poised to answer that question soon. In Henderson v. Springfield R-12 School District, the Eighth Circuit will decide whether a school district’s “equity training” violated the First Amendment by requiring employees to give the school’s preferred answer to questions about ideologically charged issues such as anti-racism and white privilege. The panel held that the plaintiffs lack standing because the district never punished or threatened to punish anyone for remaining silent or expressing dissenting views. The Eighth Circuit granted rehearing en banc and heard argument on January 15, 2025. In Parents Defending Education v. Olentangy Local School District Board of Education, the Sixth Circuit will decide whether a school district’s anti-harassment policies violate the First Amendment when it prohibits students from using biological pronouns to refer to someone who prefers otherwise. Answering that question requires the court to tackle thorny issues about the evidence required to justify a speech regulation under Tinker and whether Tinker allows schools to engage in viewpoint discrimination. The panel rejected the plaintiffs’ claims on the merits, and the Sixth Circuit reheard the case en banc on March 19, 2025.Featuring:Brett Nolan, Senior Attorney, Institute for Free Speech(Moderator) Edward D. Greim, Partner, Graves Garrett Greim LLC

On March 31, 2025, the Supreme Court will hear oral arguments in Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission.Wisconsin’s unemployment insurance program provides financial assistance to those who have lost their job through no fault of their own. Under state law, certain nonprofit organizations can opt out of the program, including those operated primarily for religious purposes. Catholic Charities of the Diocese of Superior—a religious ministry that serves people with disabilities, the elderly, and the impoverished—requested an exemption from the state’s program so that it could enroll in the Wisconsin Bishops’ Church Unemployment Pay Program (CUPP), which provides the same level of unemployment benefits.Last year, the Wisconsin Supreme Court ruled that Catholic Charities could not receive an exemption because its charitable work was not “typical” religious activity. The court said that Catholic Charities could only qualify for an exemption if, for example, it limited its hiring to Catholics and tried to convert those it served. Catholic Charities appealed, and the Supreme Court granted certiorari in December 2024.Does a state violate the First Amendment’s Religion Clauses by denying a religious organization an otherwise-available tax exemption because the organization does not meet the state’s criteria for religious behavior?Featuring: Eric Rassbach, Vice President and Senior Counsel, The Becket Fund for Religious Liberties(Moderator) Hon. Ryan D. Nelson, Judge, United States Court of Appeals, Ninth Circuit

Louisiana's congressional districts, which it redrew following the 2020 census, currently sit in a state of legal uncertainty.The map initially only had one majority-black district. However, following a 2022 case called Robinson v. Ardoin (later Laundry), which held that it violated section 2 of the Voting Rights Act, Louisiana re-drew the map to include two majority-black congressional districts.In January 2024, a different set of plaintiffs sued alleging the new map violated the Fourteenth and Fifteenth Amendments. A 2-1 panel agreed the new map violated the Equal Protection clause of the Fourteenth Amendment and enjoined the new map. Given the timing, the case briefly went up to the Supreme Court which granted an emergency application for stay, citing Purcell v. Gonzalez. That allowed the 2022 map to be used for the 2024 elections.Now the case is before the Supreme Court again, this time with a range of issues for the court to address including: (1) Whether the majority of the three-judge district court in this case erred in finding that race predominated in the Louisiana legislature’s enactment of S.B. 8; (2) whether the majority erred in finding that S.B. 8 fails strict scrutiny; (3) whether the majority erred in subjecting S.B. 8 to the preconditions specified in Thornburg v. Gingles; and (4) whether this action is non-justiciable.Join us for a post-oral argument Courthouse Steps program where we will break down and analyze how oral argument went before the Court. Featuring:Prof. Michael R. Dimino, Sr., Professor of Law, Widener University Commonwealth Law School

Delligatti v. United States concerned whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force.Known by some as the "non-violent murder case" Delligatti ties into a larger conversation on the way "violent"/"use-of-force" crimes are defined categorically rather than on a solely case-by-case basis.Oral argument was heard by the Supreme Court in early November 2024, and on March 21, 2025, a 7-2 Court affirmed the ruling of the Second Circuit below against Delligatti.Join us for a discussion of this decision and its possible ramifications.Featuring:Matthew P. Cavedon, Robert Pool Fellow in Law and Religion, Emory University School of Law

The First Amendment’s Religion Clauses guarantee religious entities the freedom to make certain internal governance decisions without State interference. Supreme Court cases like Kedroff v. St. Nicholas Cathedral (1952), Serbian Eastern Orthodox Diocese v. Milivojevich (1976), Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC (2012), and Our Lady of Guadalupe School v. Morrissey-Berru (2020) have affirmed that this constitutional protection bars civil courts from intruding into some religious matters involving faith, doctrine, and church governance. However, lower courts differ in some respects on how to understand and apply the “church autonomy doctrine.” The panel will explore the roots of the church autonomy doctrine, its recent applications, and its implications and trajectory.Featuring:Prof. Thomas C. Berg, James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of LawProf. Leslie C. Griffin, William S. Boyd Professor of Law, University of Nevada, Las Vegas, William S. Boyd School of LawAlex J. Luchenitser, Associate Vice President & Associate Legal Director, Americans United for Separation of Church and StateBranton J. Nestor, Associate, Gibson, Dunn & Crutcher LLP(Moderator) Amanda Salz, Counsel, Becket Fund for Religious Liberty