The U.S. Supreme Court today heard a case over the FDA’s refusal to allow two e-cigarette companies to sell flavored vape products citing health risks to youths. According to Reuters, the FDA appealed a lower court's ruling that the agency did not follow proper legal procedures when it denied applications to sell nicotine-containing products. The companies challenged the FDA's denial, claiming that the agency assessed their applications under a regulatory standard that differed from published guidance the companies relied on. The case stems from a lower court ruling that found the FDA's rejection of the applications violated legal procedures under the Administrative Procedure Act. A ruling is expected by the end of June.

The Tennessee Bar Association Academy offers an exciting opportunity for a limited number of Tennessee attorneys to be admitted to practice before the U.S. Supreme Court. The 2025 admission ceremony will take place March 4 at the court in Washington, D.C. In addition to taking part in the private ceremony, participants will be invited to a TBA President's Reception and a special celebration dinner, and will receive three hours of prepaid credits to use for future CLE programming. The group will stay at the Hay Adams Hotel, where a block of rooms has been reserved at the discounted rate of $395 a night. The cost to register is $750 for TBA members and $450 for guests. Those interested in participating should complete this online form by Dec. 3. Applicants will be considered on a first-come basis and will be contacted to confirm interest and complete the application process.

The U.S. Supreme Court has rejected an appeal from South Carolina's Parks, Recreation and Tourism Department, which sought to shield information from Google in an ongoing antitrust lawsuit. According to Reuters, the department argued it was immune from Google's subpoenas because it was not a named plaintiff in the antitrust lawsuit and thus should not be considered an “arm of the state.” The high court's order let stand a lower court ruling requiring the department to provide advertising-related records. In the underlying lawsuit, South Carolina and 16 other states sued Google for allegedly overcharging for its advertising technology. Google has sought information from the states to fight those allegations. It said dozens of other state agencies complied with its demands for information.

The U.S. Supreme Court will hear arguments over Tennessee’s law banning transgender medical care for minors on Dec. 4, SCOTUSblog reports. The Tennessee General Assembly passed the law banning surgeries as well as puberty blockers and hormone therapy for minors in 2023. The ACLU and Lambda Legal sued. While U.S. Circuit Court Judge Eli Richardson initially blocked the ban, his ruling was overturned by the U.S. 6th Circuit Court of Appeals, which allowed the law to go into effect while parties appeal. In briefs to the high court, Tennessee Attorney General Jonathan Skrmetti defended the law while the ACLU argued against it. The American Bar Association also filed an amicus brief opposing the law, and the Biden administration joined as a party opposed to the case. The case is the first of its kind to reach the high court and the ACLU’s Chase Strangio will be the first openly transgender lawyer to argue at the court. Bloomberg Law has more on that development. A decision is expected next summer.

The U.S. Supreme Court this week tackled a case involving a man who was fired from his job as a commercial truck driver for failing a drug test after taking CBD, which he said was falsely sold as lacking the psychoactive ingredient present in marijuana. The court declined to put on hold a new EPA rule targeting carbon pollution from coal- and gas-fired power plants. The justices also gave a Texas citizen journalist a new chance to sue over her arrest, and ordered a new look at Pennsylvania youth gun restrictions.

The U.S. Supreme Court recently heard arguments in a Virginia case that attorneys say could have drastic consequences on the ability to litigate civil rights cases. The case involves a group of indigent Virginia drivers who challenged a state law that automatically suspended their licenses for failure to pay certain court fees. A federal trial court agreed with the plaintiffs and granted a preliminary injunction. Before the case went to trial, the state legislature repealed the law. When the group sought to have attorneys' fees covered, the state argued that the preliminary injunction was not sufficient to qualify them as the “prevailing party” and thus attorneys’ fees were not warranted. Bloomberg Law has more on the case, while the Nashville Banner looks at the impact on civil rights cases. A number of lawyers say that if the court upholds Virginia’s position, civil rights lawyers, who often rely on attorneys' fees, would be disincentivized to take cases knowing that government entities could simply change laws after an injunction to avoid paying.

Tennessee Attorney General Jonathan Skrmetti filed a response brief with the U.S. Supreme Court on Tuesday defending a state law banning gender transition procedures for juveniles. Skrmetti emphasized in a press release that the legislation aims to protect children from "irreversible, unproven medical procedures" and aligns Tennessee with 23 other states that have implemented similar restrictions. The brief argued that states have the authority to regulate medical practices and rejected the federal government's position, asserting that those opposing restrictions can advocate for change through state elections.

The U.S. Supreme Court began a new nine-month term on Monday that will involve a case on guns, online pornography, federal regulatory powers concerning nuclear waste storage and vape products, job discrimination, disputes involving Nvidia and Facebook and more. Reuters has a preview. Today, the court declined to take up two reproductive cases, one regarding the Biden administration’s efforts to require Texas hospitals to perform abortions to stabilize a patient's emergency medical condition and a wrongful death claim against an Alabama fertility clinic that allegedly destroyed a couple's frozen embryo. On Friday, the court added more than a dozen cases to its docket, including a challenge to Mexico's lawsuit against American gun companies, a death row inmate's DNA testing case, a nuclear waste storage dispute and a case that will decide if white, straight workers face a higher bar in bias lawsuits.

The U.S Supreme Court is preparing to weigh in on the legal challenge involving Tennessee's ban on gender-affirming medical care for transgender youth. The U.S. Justice Department is contesting the law, which restricts access to puberty blockers and hormone therapy for minors. Tennessee is one of two dozen states enforcing such restrictions. This case is being described as one of the most important LGBTQ rights cases to reach the court according to Moore County News. The court previously allowed a similar ban in Idaho to take effect while legal challenges proceeded.

The U.S. Supreme Court will begin a new term on Oct. 7. Catch up on what the justices were doing over the summer (think emergency requests, book tours and security threats) with a new episode from Bloomberg Law’s Cases and Controversies podcast. For those interested in a preview of the new term, the American Bar Association will offer a free virtual program on Oct. 1 to explore issues set to be considered, including cases involving election questions, water quality standards, the First Amendment and ghost guns. The court also will take up Tennessee’s law banning gender-related medical care for minors. “On the Docket: Looking Ahead at the New Supreme Court Term” will run from 1-2:20 p.m. EDT. Learn more or register here.