2022-23 U.S. Supreme Court Term Preview

Cause For Action: An ILR Podcast

Sep 27 2022 • 24 mins

On this episode of ILR's Cause for Action podcast, we share a preview of the upcoming U.S. Supreme Court term. Jenn Dickey, associate chief counsel at the U.S. Chamber of Commerce Litigation Center is joined by Brinton Lucas, of counsel at Jones Day, to discuss several important business cases to be argued before the Supreme Court. The cases we'll discuss include Sackett v. EPA, National Pork Producers Council v. Ross, and Axon Enterprise, Inc. v. Federal Trade Commission.

In Sackett v. EPA, Jenn and Brinton explore whether the 9th Circuit set forth the proper test on determining if wetlands are "waters of the United States" under the Clean Water Act. In National Pork Producers Council v. Ross, we weigh whether California's Prop 12–which prohibits the sale of pork from animals confined in a smaller space than approved under California's standards–imposes undue burden on interstate commerce. Then, in Axon Enterprise, Inc. v. Federal Trade Commission, we discuss whether Congress stripped federal district courts of jurisdiction over constitutional challenges to the FTC.

We are anticipating another blockbuster U.S. Supreme Court term, with multiple cases having a significant impact on the business community. This is one you'll want to pay close attention to.

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