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CASE PREVIEW

Court to hear challenge to ACA preventative-care coverage

By Amy Howe on April 18 at 10:59 a.m.

A group of individuals and small businesses tell the justices that the U.S. Preventive Services Task Force, which determines which preventive services must be covered by the Affordable Care Act at no cost to the patient, is unconstitutional. The group objects to the task force’s 2019 recommendation to require insurers to cover the HIV-prevention drugs commonly known as PrEP, because, they say, the drugs promote homosexuality, among other things. But the Trump administration argues that because the HHS secretary can remove members as any time, the task force is legal.

The Supreme Court

The court will begin its April session on Monday with Kennedy v. Braidwood Mgmt. (Katie Barlow)

Petitions of the week

Montana asks justices to revive parental-consent abortion law for minors

By Kalvis Golde on April 18 at 5:17 p.m.

A weekly look at new and notable petitions seeking Supreme Court review. This week: Montana asks the justices to review a ruling by its state supreme court that struck down a law requiring minors to get consent from their parents before obtaining an abortion. The state contends that lower courts are divided over the extent to which parents have “the right to know and participate in their minor child’s major healthcare decisions.”

RELIST WATCH

Liability for undelivered mail and the chilling effect of subpoenas

By John Elwood on April 17 at 6:11 p.m.

A regular round-up of “relisted” petitions. This week: The justices face an acknowledged split among lower courts about whether the Federal Tort Claims Act immunity for “lost” and “miscarried” mail applies to intentionally withheld mail. And a New Jersey crisis pregnancy center seeks to raise a First Amendment challenge to a state subpoena for certain donor names.

EMERGENCY DOCKET

Justices will hear arguments on Trump’s effort to end birthright citizenship

By Amy Howe on April 17 at 2:51 p.m.

The Supreme Court on Thursday agreed to hear oral argument on three applications on its emergency docket arising from the Trump administration’s effort to end birthright citizenship. The court will hear arguments in the case on May 15, presumably with a ruling to come before the justices begin their summer recess at the end of June.

Advocates in Conversation

San Francisco City Attorney David Chiu on the city’s Clean Water Act case

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WHAT WE'RE READING

The morning read for Friday, April 18

By Ellena Erskine on Apr 18, 2025 at 10:54 am

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Friday morning read:

OPINION ANALYSIS

Justices clarify pleading rules for retirement-plan litigation

By Ronald Mann on Apr 17, 2025 at 6:15 pm

Cunningham v. Cornell University will not go into the history books as one of the most important 30 decisions of the 2024-25 term. The case involves a technical problem about pleading standards under the Employee Retirement Income Security Act, and the court’s resolution of the problem was, in a word, technical.

ERISA establishes a series of detailed rules to deal with retirement plans, much of which tracks traditional rules of trust law. Among those rules, not surprisingly, is a rule that prevents any transaction between the plan and an insider of the plan. To be specific, the rule (in Section 1106) says that, “[e]xcept as provided in Section 1108,” the fiduciary of the plan “shall not cause the plan to [transact with a] party in interest.” Section 1108, in turn, has an exemption that permits “reasonable arrangements with a party in interest … if no more than reasonable compensation is paid therefor.”

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WHAT WE'RE READING

The morning read for Thursday, April 17

By Ellena Erskine on Apr 17, 2025 at 9:35 am

We are expecting one or more opinions from the court this morning. Join us for the live blog and on TikTok at 9:45 a.m. EDT.

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Thursday morning read:

WHAT WE'RE READING

The morning read for Wednesday, April 16

By Ellena Erskine on Apr 16, 2025 at 10:49 am

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Wednesday morning read:

Coming up: On Thursday, April 17, the court expects to issue one or more opinions from the current term. We’ll be live at 9:45 a.m. EDT.
WHAT WE'RE READING

The morning read for Tuesday, April 15

By Ellena Erskine on Apr 15, 2025 at 10:33 am

Each weekday, we select a short list of news articles and commentary related to the Supreme Court. Here’s the Tuesday morning read:

 
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