Supreme Court’s End-of-Term Mop-Up Conference Addresses Key Regulatory and Constitutional Issues

In a routine yet critical “mop-up” conference held on the last day the Supreme Court issued opinions for the term, the justices reviewed 65 cases, among which were 14 newly relisted cert petitions. These petitions span a broad spectrum of legal issues ranging from federal firearm prohibitions for felons to e-cigarette marketing regulations, raising questions crucial for further judicial scrutiny.

One notable cluster of cases the court addressed revolves around the federal prohibition on felons possessing firearms, under 18 U.S.C. § 922(g). These cases were on hold pending the decision in United States v. Rahimi. After the court’s holding in Rahimi that temporary disarmament is consistent with the Second Amendment for individuals posing credible threats, the U.S. government has urged the court to grant review in another case, Garland v. Range, indicating that the issue is ripe for further adjudication.

Among the newly relisted cases, several involve significant regulatory and constitutional queries. For example, in King v. Emmons, the petition confronts a decision by the Georgia Supreme Court under 28 U.S.C. § 2254(d), questioning the application of Batson v. Kentucky. Additionally, cases like Allstates Refractory Contractors, LLC v. Su challenge the authority delegated to the Occupational Safety and Health Administration (OSHA) under Article I of the Constitution.

The court is also set to consider multiple petitions regarding the Food and Drug Administration’s (FDA) regulation of e-cigarettes. Cases such as Magellan Technology, Inc. v. FDA and Lotus Vaping Technologies v. FDA question whether the FDA’s denial of marketing applications was arbitrary and capricious, thereby challenging the regulatory processes applied to vaping products.

These competing perspectives illustrate the court’s engagement with a diverse array of regulatory and constitutional issues, ensuring that its docket remains filled with integral cases awaiting determination.

For more detailed insights, visit the SCOTUSblog.