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U.S. Supreme Court 2022-2023 Term: Key Decisions & Business Impacts

August 14, 2023

Frost Brown Todd has collected in one place summaries of notable rulings from the U.S. Supreme Courtโ€™s most recent term. These are not summaries of every case the Court decided in 2023. Nor are they limited to those rulings that made headlines (though some of those are included, too). Rather, this survey focuses on the rulings that are likely to be the most relevantโ€”and thus, most helpfulโ€”to our clients.

The topics run the gamut. From copyright and environmental regulation to federal court procedure and perennial questions of state-vs.-federal power, the Supreme Court delved into topics both top-of-mind and relatively obscure. But for each summary in this survey, the Courtโ€™s rulings may have significant implications for industry and for individuals. For that reason, the summaries are each accompanied by several short โ€œKey Takeawaysโ€ that focus on the likely implications of the rulings.

SCOTUS Collection

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Student Loan Relief Denied in 6-3 Decision by the Supreme Court

August 16, 2023 | Publications

Biden v. Nebraska, 143 S. Ct. 2355 (June 30, 2023) In Biden v. Nebraska, the Supreme Court held that...

Supreme Court Narrows Clean Water Actโ€™s Jurisdictional Scope in Sackett v. EPA

August 16, 2023 | Publications

Sackett v. U.S. Environmental Protection Agency, 143 S. Ct. 1322 (May 25, 2023) Since 2001, the U.S....

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Supreme Court Rejects Dormant Commerce Clause Challenge to California Restrictions on Sale of Pork

August 16, 2023 | Publications

National Pork Producers Council v. Ross, 143 S. Ct. 1142 (May 11, 2023) In National Pork Producers C...

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Supreme Court Rules that States Canโ€™t Take More Property Than They Are Owed

August 16, 2023 | Publications

Tyler v. Hennepin County, Minnesota, 143 S. Ct. 1369 (May 25, 2023) The Fifth Amendmentโ€™s Takings ...

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Supreme Court Ends Considerations of Race in College Admissions

August 16, 2023 | Publications

Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, 143 S. Ct. 2141 (J...

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Supreme Court Defines Limits of Social Media Company Liability

August 16, 2023 | Publications

The U.S. Supreme Court issued two decisions in the 2022-23 term that begin to define the limits of l...

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Supreme Court Clarifies โ€˜Transformativeโ€™ Art in the Context of Copyright โ€˜Fair Useโ€™

August 16, 2023 | Publications

Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 143 S. Ct. 1258 (May 18, 2023) In And...

Internet law and cyberlaw as digital legal services or online lawyer advice as a 3D illustration.
Supreme Court Rules First Amendment Permits the Sale of โ€˜Expressiveโ€™ Goods and Services from Com...

August 16, 2023 | Publications

303 Creative, LLC v. Elenis, 143 S. Ct. 2298 (June 30, 2023) In a 6-3 ruling, the U.S. Supreme Court...

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Supreme Court Holds Post-Trial Motions Not Required to Preserve Appellate Rights on Purely Legal Que...

August 16, 2023 | Publications

Dupree v. Younger, 143 S. Ct. 1382 (May 25, 2023) In Dupree v. Younger, the U.S. Supreme Court held ...

Divided Supreme Court Rules that Appeals from Arbitration Denials Automatically Stay All District Co...

August 16, 2023 | Publications

Coinbase, Inc. v. Bielski, 143 S. Ct. 1915 (June 23, 2023) In Coinbase, Inc. v Bielski, a 5-4 U.S. S...

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โ€˜Consent by Registrationโ€™: Supreme Court Reaffirms the Hidden Impact on Out-of-State Companies R...

August 16, 2023 | Publications

Mallory v. Norfolk S. Ry. Co., 143 S. Ct. 2028 (June 27, 2023) While it received far less fanfare th...

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Supreme Court Reaffirms Patent Lawโ€™s Enablement Requirement

August 16, 2023 | Publications

Amgen Inc. v. Sanofi, 143 S. Ct. 1243 (May 18, 2023) In Amgen Inc. v. Sanofi, the U.S. Supreme Court...

Supreme Court Pokes a Hole in the Ironclad Nature of Bankruptcy 363 Sales

April 25, 2023 | Publications

MOAC Mall Holdings LLC v. Transform Holdco LLC, 143 S. Ct. 927 (April 19, 2023) Purchasers often rel...

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Maineโ€™s โ€œNonsectarianโ€ School Choice Policy Violates Free Exercise Clause

September 30, 2022 | Publications

Carson, as next friend of O.C. v. Makin, 142 S. Ct. 1987 (June 21, 2022) In Carson, as next friend o...

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U.S. Supreme Court Clarifies Fiduciary Responsibilities for Excessive-Fee Claims against Retirement ...

September 30, 2022 | Publications

Hughes v. Northwestern University, 142 S. Ct. 737 (January 24, 2022) In Hughes v. Northwestern Unive...

Court Constrains EPAโ€™s Authority in Applying the Major Questions Doctrine

September 30, 2022 | Publications

West Virginia v. Environmental Protection Agency, 142 S. Ct. 2587 (June 30, 2022) In West Virginia v...

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Copyright Act Protects Inaccurate Information Resulting from Lack of Knowledge in Copyright Applicat...

September 30, 2022 | Publications

Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., 142 S. Ct. 941 (February 24, 2022) In Unicolo...

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The Supreme Courtโ€™s Quartet of Arbitration Decisions

September 30, 2022 | Publications

The 2021 Term saw the U.S. Supreme Court issue a quartet of decisions addressing enforcement of arbi...

Supreme Court - Texas Abortion Law Senate Bill SB8 - Womenโ€™s Rights
Moving Forward: How the Supreme Courtโ€™s Fall 2021 Term Will Impact Your Business

September 30, 2022 | Publications

With the United States Supreme Courtโ€™s 2022 Term upon us, Frost Brown Todd is taking time to refle...

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Court Limits Emotional Damages Recovery in Private Actions Under the Rehabilitation Act and Affordab...

September 30, 2022 | Publications

Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562 (April 28, 2022) In a 6 to 3 decision, t...

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Court Strikes Down Arbitrary Fee Increases for Debtors in Bankruptcy Cases

September 30, 2022 | Publications

Siegel v. Fitzgerald, 142 S. Ct. 1770 (June 6, 2022) The federal Constitution authorizes Congress to...

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Coachโ€™s Post-Game Prayer on Football Field Protected by the First Amendment

September 30, 2022 | Publications

Kennedy v. Bremerton School District, 142 S. Ct. 2407 (June 27, 2022) In the most significant case t...

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Thomas F. Allen, Jr.

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J. Austin Hatfield

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Louisville, KY

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Partner

Cincinnati, OH

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Hannah-Catherine Lackey

Associate

Nashville, TN

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Dallas, TX

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Houston, TX

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