Argument Preview: Engbridge Energy, LP v. Nessel
The Supreme Court will hear oral argument this morning in Enbridge Energy, LP v. Nessel, a case involving Michigan’s effort to end an easement across the Straits of Mackinac for an oil and natural gas pipeline between the Midwest and Canada. As Bill has covered previously for TLB, this is one in a series of…
Continue ReadingCert Grant in Climate Case
The Supreme Court has added a climate case to its docket. In Suncor Energy Inc. v. County Commissioners of Boulder County, local governments sued fossil fuel companies in Colorado state court to recover for damages they sustained as a result of climate change. The complaint includes claims for public and private nuisance, civil conspiracy, unjust…
Continue ReadingMedia Roundup: Learning Resources, Inc. v. Trump
On February 20, the Supreme Court decided Learning Resources, Inc. v. Trump, a case that questioned whether the International Emergency Economic Powers Act (IEEPA) permits President Trump to impose sweeping emergency tariffs. In a 6-3 vote, the justices ruled that the tariffs exceed the powers given to the president by Congress under the 1977 law….
Continue ReadingPreview of Supreme Court Arguments in Helms-Burton Act Cases: Havana Docks and Cimex
On February 23, 2026, the Supreme Court will hear oral arguments in Havana Docks Corp. v. Royal Caribbean Cruises and Exxon Mobil Corp v. Corporación Cimex. Prior coverage is here, here, and here. The Helms-Burton Act cases slated for argument on February 23 present the following two questions: Question 1: The issue before the Court…
Continue ReadingNew Essay on the Future of Fuld v. PLO
I have expanded on my prior TLB posts on Fuld v. PLO, including a series of posts I wrote last summer critiquing the originalist case for unlimited personal jurisdiction under the Fifth Amendment, in a new essay that is forthcoming in the Yale Law Journal Forum and is now available on SSRN. Â In this new…
Continue ReadingSolicitor General Recommends Granting Cert in Cisco
In Doe v. Cisco Systems Inc. (2023), the Ninth Circuit held that claims for aiding and abetting human rights violations could be brought under the Alien Tort Statute (ATS) against Cisco Systems and under the Torture Victim Protection Act (TVPA) against Cisco’s former CEO. The plaintiffs allege that Cisco designed, built, and maintained a surveillance…
Continue ReadingOral Arguments Over Trump’s Tariffs
On November 5, 2025, the Supreme Court heard oral argument in Learning Resources, Inc. v. Trump to determine whether the International Emergency Economic Powers Act (IEEPA) permits President Trump to impose sweeping emergency tariffs. Although it is not clear when the Court will rule, there is pressure to reach a decision soon because the longer…
Continue ReadingTransnational Litigation at the Supreme Court, October Term 2025
Today is the first day of the Supreme Court’s October Term. This post briefly discusses transnational litigation cases in which the Court has already granted cert, as well as others that are in the pipeline and could be decided this Term. Cases in which the Court Has Granted Cert So far, the Supreme Court has…
Continue ReadingThrowback Thursday: Forecasting Fuld
Nearly a decade ago, Professor Aaron Simowitz identified not only the problem presented in Fuld v. PLO (2025), but also the solution the Supreme Court ultimately adopted. This Throwback Thursday post highlights Simowitz’s article Legislating Transnational Jurisdiction (57 Va. J. Int’l L. 325), which offers important insights for those trying to make sense of Fuld’s…
Continue ReadingUnpacking the Originalist Argument for Maximalist Personal Jurisdiction, Part IV: Picquet v. Swan
This is the fourth in a series of posts questioning the originalist argument for unlimited personal jurisdiction in the federal courts. The prior posts have argued that many of the sources cited by proponents of the theory, including early admiralty cases and twentieth-century cases about the extraterritorial reach of Congress’s prescriptive jurisdiction, do not bear…
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