Amy Howe

Jun 27 2022

After releasing three decisions on Monday, only four cases remain undecided

With the announcement of three decisions on Monday, the justices still have four more cases left to release before they leave for their summer recess, involving important issues such as the “major questions” doctrine and whether the Biden administration must continue to enforce the “remain in Mexico” program.

The justices are scheduled to release opinions again on Wednesday, June 29; the court has not indicated whether it will release all of the remaining opinions that day. Here are brief summaries of the four cases that have not yet been decided, but could be as soon as Wednesday:

  1. West Virginia v. Environmental Protection Agency (argued Feb. 28): A challenge to the EPA’s authority to regulate greenhouse gases. One question before the court is whether the Republican-led states and the coal companies have a legal right to bring the case to the Supreme Court at all when the lower court’s decision is on hold until the Biden EPA issues a new rule. If they do have that right, a second question before the justices is whether the lower court’s decision violates the “major questions” doctrine — the idea that if Congress wants to give an administrative agency the power to make “decisions of vast economic and political significance,” it must say so clearly.
  2. Torres v. Texas Department of Public Safety (argued Mar. 29): Whether Congress has the power to authorize suits against states, without their consent, under its constitutional war powers.
  3. Biden v. Texas (argued April 26): Whether the Department of Homeland Security must continue to enforce the Migrant Protection Protocols, a policy begun by President Donald Trump that requires asylum seekers at the southern border to stay in Mexico while awaiting a hearing in U.S. immigration court.
  4. Oklahoma v. Castro-Huerta (argued April 27): Whether a state has authority to prosecute defendants who are not Native Americans, but who commit crimes against Native Americans on land that Congress historically reserved for Native people.

Amy L Howe
Until September 2016, Amy served as the editor and reporter for SCOTUSblog, a blog devoted to coverage of the Supreme Court of the United States; she continues to serve as an independent contractor and reporter for SCOTUSblog. Before turning to full-time blogging, she served as counsel in over two dozen merits cases at the Supreme Court and argued two cases there. From 2004 until 2011, she co-taught Supreme Court litigation at Stanford Law School; from 2005 until 2013, she co-taught a similar class at Harvard Law School. She has also served as an adjunct professor at American University’s Washington College of Law and Vanderbilt Law School. Amy is a graduate of the University of North Carolina at Chapel Hill and holds a master’s degree in Arab Studies and a law degree from Georgetown University.
Tweets by @AHoweBlogger
Recent ScotusBlog Posts from Amy
  • David Souter, retired Supreme Court justice, dies at 85
  • Venezuelan TPS recipients tell justices to let status stand
  • Government asks justices to allow DHS to revoke parole for a half-million noncitizens
More from Amy Howe

Recent Posts

  • Court appears to back legality of HHS preventative care task force
  • Justices take up Texas woman’s claim against USPS
  • Supreme Court considers parents’ efforts to exempt children from books with LGBTQ themes
  • Justices temporarily bar government from removing Venezuelan men under Alien Enemies Act
  • Court hears challenge to ACA preventative-care coverage
Site built and optimized by Sound Strategies