The Supreme Court recently decided Enbridge Energy, LP v. Nessel (No. 24-783), holding that the equitable tolling doctrine cannot be invoked to extend the 30-day deadline for removing a case from state to federal court under 28 U.S.C. § 1446.
Last Month at the Supreme Court®
Latest from Last Month at the Supreme Court - Page 2
Decision Alert: Supreme Court Strikes Down Concealed Carry Firearm Ban
In Wolford v. Lopez (24-1046), the Supreme Court addressed whether a state may prohibit carrying firearms on others’ private property open to the public without the owners’ permission. In a 6-3 decision, the Court held that Hawaii violated the Second…
Grant Alerts
With the close of the October Term 2025 (OT’25), the Supreme Court has started to assemble its growing list of cases it will hear in the next term (OT’26), including the ones summarized below. These certiorari grants signal the Court’s…
Decision Alert: Supreme Court Rules Post-Trial Final Judgment Must Be Vacated if Jurisdictional Defect Lingers Through Judgment
On February 24, the Supreme Court released its unanimous decision in Hain Celestial Group, Inc. v. Palmquist, affirming the Fifth Circuit’s decision to vacate the post-trial final judgment because the district court’s erroneous dismissal of a nondiverse defendant based on…
Decision Alert: Supreme Court Holds That Courts Can Prohibit Consultation About Ongoing Testimony During Overnight Recess
In a unanimous judgment, the Supreme Court in Villarreal v. Texas (No. 24-557) affirmed the Texas Court of Criminal Appeals’ holding that an order prohibiting a criminal defendant and his attorney from discussing the defendant’s testimony during a mid-testimony, overnight…
Decision Alert: Supreme Court Limits Colorado’s Conversion Therapy Ban
On March 31, the Supreme Court released its 8-1 decision in Chiles v. Salazar, holding that Colorado’s Minor Conversion Therapy Law (MCTL), C.R.S. §§ 12-245-101, 12-245-202, unconstitutionally regulates speech as applied to the Petitioner. The narrow ruling offers some clarification…
Decision Alert: Supreme Court Holds President Not Authorized To Impose Tariffs Under the International Emergency Economic Powers Act
As summarized in Dykema’s December 2025 edition, the Supreme Court heard oral argument this fall in two consolidated cases (Learning Resources v. Trump and Trump v. VOS Selections) that presented the question of whether the International Emergency Economic Powers…
Supreme Court to Elucidate Federal Court Jurisdiction in Enforcing Arbitration Awards
The Supreme Court will utilize the case of Jules v. Andre Balazs Properties (No. 25-83) to clarify an important jurisdictional question in the enforcement of domestic arbitration awards: whether a federal court, which initially exercises jurisdiction over a claim that…
The Supreme Court Reaches the Merits of Birthright Citizenship in Trump v. Barbara
The Supreme Court recently held oral arguments in Trump v. Barbara, a case pitting President Trump’s Executive Order barring persons born in the United States from receiving citizenship if their parents lack legal status against the Fourteenth Amendment’s “birthright citizenship”…
Supreme Court Set To Clarify Whether “Last-Mile” Delivery Drivers Are Engaged in Interstate Commerce
On March 25, the Supreme Court heard argument in Flowers Foods, Inc v. Brock, a case presenting a key issue regarding interstate commerce: whether “last-mile” delivery drivers are classified as transportation workers engaged in foreign or interstate commerce under Section…