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CASE PREVIEW

Supreme Court to hear dispute over FDA rejection of flavored vapes

The justices will return to the bench on Monday morning for oral arguments in a dispute brought by the Food and Drug Administration over flavored e-cigarette products. The agency asks the court to uphold their rejection of two companies’ applications to sell fruit and candy flavored vape liquids. The FDA denied the applications in 2021, citing the “known and substantial risk to youth.”

Supreme Court

The December session will begin on Monday with FDA v. Wages and White Lion Investments, LLC. (Katie Barlow)

CASE PREVIEW

Supreme Court to consider IRS’s claim on pre-bankruptcy tax payments

 at 4:51 p.m.

The Supreme Court will hear arguments on Monday in a dispute over a tax payment a debtor made to the IRS shortly before filing for bankruptcy. Ordinarily, a creditor receiving such a payment would have to return it. The issue in this case is whether sovereign immunity protects the IRS from that general rule.

OPINION ANALYSIS

Justices dismiss Facebook-Cambridge Analytica data breach dispute

 at 1:35 p.m.

In the first official opinion announcement of the term, the court dismissed Meta’s challenge to a securities fraud class action. A lower court allowed the class action to proceed based on Facebook’s disclosure of hypothetical data breaches before it became publicly known that the Republican-linked Cambridge Analytica had in fact already exploited the data of millions of users in 2016. The case will now return to the lower courts, where the lawsuit against Meta will go forward.

SCOTUS NEWS

Court grants challenge to FCC subsidies over nondelegation doctrine

 at 5:54 p.m.

The justices agreed to take up a challenge to the Federal Communications Commission’s Universal Service Fund, which provides subsidies for phone and internet service to rural areas, public schools, libraries, and low-income homes. The conservative group Consumers’ Research says the program violates the Constitution by improperly delegating Congress’s power to the FCC and the FCC’s power to a private company. 

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