As the Supreme Court prepares for its upcoming term, it has granted 15 new cases, among which is a notable challenge related to the vaping industry. This includes a case where the Food and Drug Administration (FDA) is defending its rejection of flavored vaping products from two companies.
The case revolves around the U.S. Court of Appeals for the 5th Circuit, recognized as one of the most conservative circuits in the country. This court has become a preferred venue for companies like R.J. Reynolds Vapor, which is leveraging looser rules to contest FDA regulations.
U.S. Solicitor General Elizabeth Prelogar criticized this approach, stating, “This Court should grant review to put a stop to that practice,” highlighting the administration’s concerns over forum shopping—where plaintiffs seek more favorable legal environments.
Legal experts, such as Jonathan Adler from Case Western Reserve University, explained the broader implications of the case, suggesting it “could curtail forum shopping in administrative law cases.” Historically, forum shopping has been criticized in various contexts, particularly in litigation surrounding administrative laws, as recently seen in controversies regarding the FDA’s approval of abortion drugs.
In addition to the vaping case, the Supreme Court also agreed to hear a significant $10 billion lawsuit from Mexico against U.S. gun manufacturers, as well as a rare death row case concerning post-conviction DNA testing that aims to prove a convict’s innocence.
Other notable cases include issues of reverse discrimination from Ohio, an environmental dispute regarding nuclear waste storage, and a Fourth Amendment case addressing police use of force.
With the Supreme Court currently managing 43 cases for this term, the justices are expected to engage in high-profile discussions on various pivotal issues, including state restrictions on transgender treatments for minors and regulations they intend to take on regarding “ghost guns” in next week’s oral arguments.
As the term unfolds, these cases are set to significantly shape both administrative law and regulatory oversight in America.
