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 Court’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 relevant—and thus, most helpful—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 Court’s rulings may have significant implications for industry and for individuals. For that reason, the summaries are each accompanied by several short “Key Takeaways” that focus on the likely implications of the rulings.

SCOTUS Collection

U.S. Supreme Court 2025-26 Term: History in the Making

August 5, 2026 | Events

Truck in industrial port area being let through customs

A Shield, Not an Escape Hatch: Supreme Court Bars Immediate Appeal of Yearsley Denials

July 31, 2026 | Publications

GEO Group, Inc. v. Menocal, 607 U.S. 438 (Feb. 25, 2026) Government contractors have long relied on ...

A classroom with a black chair in the foreground. The chair is empty and the room is filled with people

In Trump v. Slaughter, Supreme Court Issues Landmark Opinion Regarding Federal Agencies and the Separation of Powers

July 30, 2026 | Presidential Administration Impacts

Trump v. Slaughter, 609 U.S. ___ (June 29, 2026) In Trump v. Slaughter, the U.S. Supreme Court issue...

Supreme Court Clarifies Induced Infringement Standard for Generic Drugs in Patent Disputes

July 29, 2026 | Publications

Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., 608 U.S. ___ (June 4, 2026) In Hikma Pharmace...

Close-up of liquid-cooled hard drives mounted in a server rack, illustrating advanced cooling technology used in high-density U.S. data center infrastructure supporting AI and hyperscaler workloads.

The Fourth Amendment’s Future Hasn’t Been Written Yet: Supreme Court Holds Police Access to Google Location History Is a Fourth Amendment Search

July 28, 2026 | Publications

Chatrie v. United States, 609 U.S. ___ (June 29, 2026) In Chatrie v. United States, No. 25-112, the ...

Motion-blurred professionals crossing a city street at dusk, symbolizing the pace of risk in today's insurance industry.

Supreme Court Closes the Door on New Alien Tort Claims: Cisco v. Doe Overturns Recent Precedent

July 27, 2026 | Presidential Administration Impacts

Cisco Systems, Inc. v. Doe, 609 U.S. ___ (June 23, 2026) In Cisco Systems, Inc. v. Doe, the U.S. Sup...

Unrecognizable politician speaking at a political rally

Supreme Court Strikes Down Political Party Coordinated-Expenditure Limits Under First Amendment

July 26, 2026 | Publications

National Republican Senatorial Committee v. Federal Election Commission, 609 U.S. ___ (June 30, 2026...

No Blanket Immunity on the Battlefield: Supreme Court Rejects Broad Preemption of State Tort Claims Against Military Contractors

July 26, 2026 | Publications

Hencely v. Fluor Corporation, 608 U.S. ___ (April 22, 2026) For over a decade, federal contractors o...

Supreme Court Narrows Contributory Copyright Liability for Internet Service Providers in Cox Communications v. Sony

July 25, 2026 | Publications

Cox Communications, Inc. v. Sony Music Entertainment, 607 U.S. ___ (March 25, 2026) Earlier this yea...

A young woman watches the Statue of Liberty, from the Staten Island Ferry

Trump v. Barbara Decision Affirms Birthright Citizenship for Children of Unlawfully or Temporarily Present Parents

July 24, 2026 | Presidential Administration Impacts

Trump v. Barbara, 609 U.S. ___ (June 30, 2026) In Trump v. Barbara, the U.S. Supreme Court issued a ...

Business people, blur or shaking hands for deal, b2b collaboration or teamwork in office. Handshake, partnership or employee in corporate agreement with meeting success, welcome or thank you gesture

With Chiles v. Salazar, Supreme Court Weighs in on Viewpoint Discrimination in the Therapist’s Office

July 24, 2026 | Publications

Chiles v. Salazar, 607 U.S. ___ (Mar. 31, 2026) In Chiles v. Salazar, the U.S. Supreme Court held th...

Supreme Court Expansively Construes Removal Basis for State Suits Under Federal Officer Removal Statute

July 24, 2026 | Publications

Chevron USA Inc. v. Plaquemines Par., Louisiana, 608 U.S. ___ (April 17, 2026) In Chevron USA Inc....

Guns on the Premises: Supreme Court Ruling Requires Businesses to Rethink Firearm Policies

July 23, 2026 | Publications

Wolford v. Lopez, 609 U.S. ___ (June 25, 2026) In Wolford v. Lopez, the U.S. Supreme Court held that...

Removal Cannot Remove a Mistake: Supreme Court Rules Erroneous Dismissal of Nondiverse Defendant Does Not Cure Jurisdictional Defect

July 23, 2026 | Publications

Hain Celestial Group, Inc. v. Palmquist, 607 U.S. 421 (Feb. 24, 2026) On February 24, 2026, the U.S....

Group of distribution warehouse workers sorting packages that are moving on a conveyor belt. Blurred motion.

No Recourse for Intentional Nondelivery: Supreme Court Expands the FTCA’s Postal Exception

July 23, 2026 | Publications

United States Postal Service v. Konan, 607 U.S. ___ (Feb. 24, 2026) On February 24, 2026, the U.S. S...

Young Female Teacher Giving a Data Science Presentation in a Dark Auditorium with Projecting Slideshow with Artificial Intelligence Neural Network Architecture. Business Startup and Education Concept

Supreme Court Opinion on FCC Penalties Elevates the Importance of DOJ’s Enforcement Policies

July 23, 2026 | Publications

Federal Communications Commission v. AT&T, Inc., 608 U.S. ___ (June 4, 2026) On June 4, 2026, ...

Negative Inferences and Unusual Alliances: Supreme Court Wades Back Into the Rooker-Feldman Doctrine

July 22, 2026 | Publications

T.M. v. Univ. of Maryland Med. Sys. Corp., 608 U.S. ___ (June 18, 2026) U.S. Supreme Court opinions ...

A healthcare professional in scrubs is focused on a task while monitoring information on a medical screen in a clinical setting.

An Erie Development in Professional Liability Litigation? Supreme Court Ruling Limits Reach of State Law Requirements in Federal Court

July 22, 2026 | Publications

Berk v. Choy, 607 U.S. 187 (Jan. 20, 2026) Affidavit of merit requirements have long served a gateke...

Sorry, No Extensions: Supreme Court’s Strict Construction of the Civil Removal Statute Under 28 U.S.C. § 1446(b)(1)

July 21, 2026 | Publications

Enbridge Energy, LP v. Nessel, 608 U.S. ___ (April 22, 2026) In Enbridge Energy, LP v. Nessel, the U...

A professional office scene showing team members typing on laptops at a conference-style desk setup, with a presenter in the background. Focused, collaborative atmosphere with a clean, modern workspace.

In for a Penny, in for a Pound: Jurisdiction to Stay a Suit Pending Arbitration Is Jurisdiction to Confirm or Vacate Arbitral Award

July 20, 2026 | Publications

Jules v. Andre Balazs Properties, 608 U.S. ___ 146 S.Ct. 1209 (May 14, 2026) In Jules v. Andre Balaz...

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No Conviction Bar Here: SCOTUS Says Prior Ordinance Conviction Does Not Block Prospective Section 1983 Relief

July 19, 2026 | Publications

Olivier v. City of Brandon, Mississippi, 607 U.S. 552 (Mar. 20, 2026) In Olivier v. City of Brandon,...

Supreme Court Rules State-Created Corporations Are Not Always Entitled to Sovereign Immunity

July 19, 2026 | Publications

Galette v. New Jersey Transit Corp., 607 U.S. 509 (Mar. 4, 2026) In Galette v. New Jersey Transit Co...

No Harm, No Foul? Supreme Court Rules SEC May Seek Disgorgement Without Demonstrating Financial Harm to Victims

July 14, 2026 | Publications

Sripetch v. SEC, 608 U.S. ___ (June 4, 2026) In Sripetch v. SEC (June 4, 2026), the U.S. Supreme Cou...

Surplus Proceeds, Not Fair Market Value: Supreme Court Sets the Just Compensation Baseline for Tax Sales

July 1, 2026 | Publications

Pung v. Isabella County, Mich., 609 U.S. ___ (June 23, 2026) Is “just compensation” always fair ...

Supreme Court Backs Monsanto in Fight Against Roundup Warning Claims

June 26, 2026 | Publications

Monsanto Co. v. Durnell, No. 24-1068 (June 25, 2026) In a much-anticipated decision, the U.S. Suprem...

A Criminal-Law Ruling Commercial Litigants Should Watch

June 22, 2026 | Publications

Hunter v. United States, No. 24-1063 (June 18, 2026) Arbitration clauses, forum-selection provisions...

United States Supreme Court Building in Washington DC, USA at dusk.

Supreme Court Rejects Private Right of Action Under Section 47(b) of Investment Company Act

June 16, 2026 | Publications

FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd., 608 U.S. ___ (June 11, 2026) On Jun...

High angle aerial shot of Interstate 110 and US 101 in downtown Los Angeles, CA at night.

When “Interstate Commerce” Does Not Require Interstate Travel: Supreme Court Expands FAA Transportation Worker Exemption to Arbitration Agreements

June 3, 2026 | Publications

Flowers Foods, Inc. v. Brock, 608 U.S. ___ (May 28, 2026) On May 28, 2026, the U.S. Supreme Court is...

Many Trucks on the Country Road in the Evening at Sunset

Supreme Court Rules Freight Brokers Face State Negligent-Hiring Claims: What You Need to Know Now

May 14, 2026 | Publications

Montgomery v. Caribe Transport II, LLC, 608 U.S. ___ (May 14, 2026) On May 14, 2026, the U.S. Suprem...

Two trucks with trailers on the road at sunset through a rural landscape in the Dalarna region of Sweden.

Supreme Court Hears Arguments in Personal-Injury Case with Major Implications for Broker Liability

March 5, 2026 | Publications

On March 4, 2026, the U.S. Supreme Court heard oral argument in Montgomery v. Caribe Transport II, L...

Supreme Court Strikes Down Trump’s Global Tariffs: Impact and Next Steps

February 26, 2026 | Presidential Administration Impacts

Learning Resources, Inc. v. Trump, 607 U.S. ___ (Feb. 20, 2026) On February 20, 2026, the U.S. Supre...

Tobacco Retailers Obtain Increased Flexibility in Choosing a Venue to Challenge FDA Decisions

October 1, 2025 | Publications

FDA v. R.J. Reynolds Vapor Co., 145 S. Ct. 1984 (June 20, 2025) In FDA v. R.J. Reynolds Vapor Co., ...

Supreme Court Reinforces Parents’ Rights to Voluntarily Opt Out Students from Classroom Instruction on the Basis of Religious Exercise

October 1, 2025 | Publications

Mahmoud v. Taylor, 145 S. Ct. 2332 (June 27, 2025) In Mahmoud v. Taylor, the U.S. Supreme Court addr...

Coins stack with balance scale. Money management, financial plan, time value of money, business idea and Creative ideas for saving money concept.

Employers Seeking a Wage Exemption Under the FLSA Are Not Required to Meet a Heightened Standard of Proof

September 30, 2025 | Publications

E.M.D. Sales, Inc. v. Carrera, 145 S. Ct. 34 (Jan. 15, 2025) In E.M.D. Sales, Inc. v. Carrera, the U...

Indirectly Regulated Parties Face No Heightened Burden for Establishing Standing When It Comes to Redressability

September 30, 2025 | Publications

Diamond Alternative Energy, LLC v. Environmental Protection Agency, 145 S. Ct. 2121 (June 20, 2025) ...

Different colorful figurines as concept of inclusion and diversity.

Supreme Court Narrows Retired Employees’ Protections Under Americans With Disabilities Act

September 29, 2025 | Publications

Stanley v. City of Sanford, Florida, 145 S. Ct. 2058 (June 20, 2025) In Stanley v. City of Sanford, ...

Unrecognizable African-American business woman typing notes on a keyboard while having online web conference on a digital tablet in a restaurant

Court Upholds Age-Verification Laws for Explicit Content Websites

September 29, 2025 | Publications

Free Speech Coalition, Inc. v. Paxton, 145 S. Ct. 2291 (June 27, 2025) In Free Speech Coalition, Inc...

Cropped shot of an empty recovery room in a hospital

Supreme Court Allows States to Ban Medical Treatment for Transgender Minors

September 28, 2025 | Publications

United States v. Skrmetti, 145 S. Ct. 1816 (June 18, 2025) The U.S. Supreme Court has been no strang...

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Supreme Court Rejects Appointments Clause Challenge to Preventative Services Task Force, While Potentially Expanding HHS Secretary Control

September 28, 2025 | Publications

Kennedy v. Braidwood Management, Inc., 145 S. Ct. 2427 (June 27, 2025) In Kennedy v. Braidwood Manag...

Business lawyer team. Working together of lawyer in the meeting.

Winning the Battle is Not Winning the War: Obtaining a Preliminary Injunction Does Not Confer “Prevailing Party” Status for Recovery of Attorney’s Fees

September 27, 2025 | Publications

Lackey v. Stinnie, 145 S. Ct. 659 (Feb. 25, 2025) In Lackey v. Stinnie, the U.S. Supreme Court ruled...

Rejecting Universal Injunctions Based on History: How the High Chancery Court of England’s Powers Impact U.S. District Courts Today

September 26, 2025 | Publications

Trump v. CASA, Inc., 145 S. Ct. 2540 (June 27, 2025) In Trump v. CASA, Inc., the U.S. Supreme Court ...

Supreme Court Rejects Alabama’s Attempt to Use Administrative Delay to Immunize Itself from Due-Process Suits

September 25, 2025 | Publications

Williams v. Reed, 145 S. Ct. 465 (Feb. 21, 2025) In Williams v. Reed, the U.S. Supreme Court address...

Beautiful blurred background of an empty courtroom.

Relief From Judgment Under Rule 60(b)’s Catchall Provision Requires “Extraordinary Circumstances,” Even When the Moving Party Seeks to Amend Its Complaint

September 25, 2025 | Publications

BLOM Bank SAL v. Honickman, 145 S. Ct. 1612 (June 5, 2025) Under Federal Rule of Civil Procedure 60(...

Supreme Court Rejects Requirement That Majority-Group Plaintiffs Meet a Heightened Standard to Bring Title VII Claims

June 5, 2025 | Publications

On June 5, 2025, a unanimous U.S. Supreme Court invalidated how some courts evaluated so-called “r...

Individuals are engaged in a discussion with a gavel on the table, suggesting a legal or formal setting.

Sick of ALJs? The New Right to Federal Court During Agency Prosecutions

March 18, 2025 | Presidential Administration Impacts

Practitioners and scholars all agree that last summer, the U.S. Supreme Court overhauled the adminis...

Supreme Court Strikes Down EPA’s Use of Narrative “End-Result” Limitations in Discharge Permits

March 4, 2025 | Publications

Today, in a decision based ostensibly on settled rules of statutory construction, but underlain by c...

The Statue of Justice - lady justice or Iustitia, Justitia the Roman goddess of Justice.

All State Law Bark, No Federal Court Bite—Supreme Court’s Royal Canin Decision Rules That a Complaint With Only “Leftover” State-Law Claims Will Not Remain in Federal Court

February 4, 2025 | Publications

In Royal Canin U. S. A., Inc. v. Wullschleger, No. 23-677 (Jan. 15, 2025), the U.S. Supreme Court is...

Close up of a black office chair with metal details at conference table in meeting room.

A Trio of Arbitration Cases: Clarifying the Scope of the Federal Arbitration Act

September 26, 2024 | Publications

Nearly 100 years ago, the Federal Arbitration Act (FAA) was enacted on the straightforward principle...

Frame structure at under construction site on rural landscape

Supreme Court Holds That Constitutional Limits on Permit Conditions Apply to Both Legislative and Administrative Actions

September 26, 2024 | Publications

Sheetz v. County. of El Dorado, California, 144 S. Ct. 893 (Apr. 12, 2024) In Sheetz v. County of El...

Defining the Scope of Presidential Immunity: Trump v. U.S. and Its Far-Reaching, Yet Unknowable, Future Impact

September 26, 2024 | Publications

Trump v. United States, 144 S. Ct. 2312 (July 1, 2024) In its 2023-2024 term, the U.S. Supreme Court...

Supreme Court Curtails Agencies’ Authority to Impose Civil Penalties Without a Jury Trial

September 26, 2024 | Publications

Securities and Exchange Commission v. Jarkesy, 144 S. Ct. 2117 (June 27, 2024) In Securities and Exc...

Bankruptcy Court. Dayton, Ohio. Greek Revival Architecture. The word BANKRUPTCY is visible just above the columns.

Supreme Court Ends Third-Party Releases in Bankruptcy

September 26, 2024 | Publications

Harrington v. Purdue Pharma L.P., 144 S. Ct. 2017 (June 27, 2024) In a hotly contested 5-4 opinion, ...

Business, Technology, Internet and network concept. Labor law, Lawyer, Attorney at law, Legal advice concept on virtual screen.

Limited Influencers: Supreme Court Holds That Social Media Users Can’t Stop Government from Prompting Content Moderation

September 26, 2024 | Publications

Murthy v. Missouri, 144 S. Ct. 1972 (June 26, 2024) As any social media user knows, content moderati...

Young woman using smart phone,Social media concept.

Can States Control Your Social Media Scroll? A Supreme Court Win for the First Amendment

September 26, 2024 | Publications

Moody v. Netchoice, LLC, 144 S. Ct. 2383 (July 1, 2024) In Moody v. Netchoice, LLC, the U.S. Supreme...

Supreme Court Rules Anti-Camping Ordinances Do Not Violate the Constitution

September 26, 2024 | Publications

City of Grants Pass, Oregon v. Johnson, 144 S. Ct. 2202 (June 28, 2024) In City of Grants Pass, Oreg...

Supreme Court Rejects Bright-Line Preemption Standard Under the National Bank Act

September 26, 2024 | Publications

Cantero v. Bank of Am., N. A., 144 S. Ct. 1290 (May 30, 2024) In Cantero v. Bank of America, the U.S...

A gavel and the United States Supreme Court building.

Supreme Court Overrules the ‘Chevron Doctrine’ and Changes the Face of Federal Regulatory and Administrative Law

September 26, 2024 | Publications

Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (June 28, 2024) In Loper Bright Enterprises v....

Judge's hammer, scales, god of justice Law in the Lawyer's Office

Considering the ‘Trump Too Small’ Trademark, Supreme Court Holds that Lanham Act’s Names Clause Does Not Violate the First Amendment

September 26, 2024 | Publications

Vidal v. Elster, 144 S. Ct. 1507 (June 13, 2024) In Vidal v. Elster, the U.S. Supreme Court unanim...

Muldrow v. City of St. Louis: Supreme Court Establishes New Harm Standard for Title VII Discrimination Claims

April 22, 2024 | Publications

Muldrow v. City of St. Louis, 144 S. Ct. 193 (Apr. 17, 2024) The U.S. Supreme Court’s recent opini...