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SCOTUS Adds 15 More Cases to Docket, Including Vape Industry Battle

 October 5, 2024

The U.S. Supreme Court will hear a legal battle involving the vape industry among 15 new cases added to its docket for the upcoming term.

The cases, which were announced just before this term's oral arguments begin next week, touch on a range of critical issues to the American people, including challenges to regulations and disputes over court venue practices, as the Washington Examiner reports.

The vaping industry case highlights a challenge by the Biden administration that focuses on the vape and tobacco industry's ability to choose favorable court venues.

One of the most significant aspects of the vaping case revolves around the U.S. Food and Drug Administration’s (FDA) refusal to allow R.J. Reynolds Vapor Company to introduce flavored vape products.

This decision is being contested in the conservative 5th Circuit Court of Appeals, which allows legal challenges to be filed in its jurisdiction if a product is sold by any retail store within the states of Texas, Mississippi, or Louisiana.

Venue Shopping Under Scrutiny

The Biden administration, through U.S. Solicitor General Elizabeth Prelogar, has urged the Supreme Court to address what she described as “venue shopping.” Prelogar noted that the ability of industries to select favorable courts has created legal inconsistencies, particularly in administrative law. In her brief to the Court, she stated, “This Court should grant review to put a stop to that practice.”

Jonathan Adler, a law professor, also weighed in on the significance of the case, observing that it could set a precedent for how federal agencies and industries engage in legal disputes. “In FDA v. Reynolds Vapor, the government seeks to limit the ability of manufacturers to forum shop by having retailers join the case,” Adler said.

Other Major Cases: Gun Liability and Capital Punishment

In addition to the vaping industry case, the Supreme Court’s upcoming term will feature several other high-profile cases. Among them is a $10 billion lawsuit filed by the government of Mexico against U.S. gun manufacturers, accusing them of negligence in the production and distribution of firearms that contribute to crime in Mexico. This case has drawn attention due to its potential implications for gun manufacturers and their legal responsibilities across international borders.

Another case involves a death row inmate seeking DNA testing to prove his innocence. This case is part of a broader conversation on the use of forensic evidence and the application of the death penalty in the United States. The Supreme Court’s ruling could affect the standards for DNA testing and its role in capital punishment cases.

Consolidated Cases and Upcoming Oral Arguments

With the addition of the 15 new cases, the Supreme Court now has 43 cases scheduled for the upcoming term. Some of these cases will be consolidated, meaning that they will be grouped together for the purposes of oral argument. This process allows the Court to address multiple legal issues within a single session, making it more efficient while ensuring that all relevant aspects of the cases are heard.

The justices will hear 13 additional oral argument sessions over the course of the term, with more cases potentially being added as the term progresses. The decisions that emerge from these arguments will have far-reaching consequences, particularly in areas such as administrative law, international commerce, and the U.S. legal system’s handling of capital punishment.

High Stakes for Vaping Industry Regulations

The vaping industry case has far-reaching implications, especially for the companies involved. At the center of the dispute is the FDA’s denial of flavored vape products, which the agency argues pose significant public health risks, particularly to young people. Vape manufacturers like R.J. Reynolds have pushed back against these restrictions, claiming that the FDA’s regulatory approach is overly restrictive and harms their ability to market products to adult consumers.

The outcome of this case could significantly alter the regulatory landscape for the vape and tobacco industries, setting new standards for how companies challenge federal regulations. It could also impact other industries that rely on similar legal strategies to contest regulations in court.

Challenges for the Gun Industry

The Mexico v. U.S. gun manufacturers case is another closely watched legal battle. The Mexican government’s $10 billion lawsuit argues that U.S. gun manufacturers have been negligent in their oversight of gun sales, leading to widespread violence in Mexico. If the Supreme Court sides with Mexico, it could open the door to further international legal challenges against U.S.-based companies for actions that have consequences beyond U.S. borders.

The case raises questions about the extent of liability that companies have for their products once they are sold, particularly in countries with different legal standards and levels of regulation.

Capital Punishment and DNA Testing

The case involving a death row inmate seeking DNA testing could reshape how the U.S. justice system handles forensic evidence in capital punishment cases. The inmate argues that DNA testing could exonerate him, highlighting the importance of access to such evidence in ensuring that justice is served.

If the Supreme Court rules in favor of the inmate, it could establish a new precedent for the use of DNA testing in death penalty cases, potentially leading to broader reforms in the criminal justice system.

Conclusion

The U.S. Supreme Court’s upcoming term is shaping up to be one of the most significant in recent memory, with cases that touch on a wide range of legal and societal issues. From vaping regulations and venue shopping to gun liability and capital punishment, the decisions made by the justices will have a lasting impact on the legal landscape in the United States and beyond.

The Court’s addition of 15 new cases brings the total to 43, with more potentially on the way. As oral arguments begin, all eyes will be on the justices as they weigh these critical issues and deliver rulings that will shape the future of American law.