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OPINION ANALYSIS

Court tosses out lower-court ruling against FDA in flavored vape dispute

 at 2:46 p.m.

The court unanimously threw out a ruling by the conservative 5th Circuit in New Orleans on Wednesday that the FDA had acted improperly when it denied e-cigarette companies’ applications to sell flavored vape liquids. The case will now return to the 5th Circuit with instructions from the justices to reexamine whether it made a difference that the FDA had changed its position and failed to consider marketing plans that the companies had submitted. 

People gathered in front of the Supreme Court steps

The justices released two opinions on Wednesday. (Amy Howe)

OPINION ANALYSIS

Divided court approves civil RICO liability for injuries from CBD product

at 6:00 p.m.

The Supreme Court’s decision on Wednesday in Medical Marijuana, Inc v. Horn upheld a lower court ruling validating civil RICO liability in the case of a commercial truck driver who was fired after taking a CBD product that actually contained THC, which caused him to fail a drug test. The case now will return to the lower courts.

ARGUMENT ANALYSIS

Supreme Court likely to embrace expanded tax exemption for religious charities

 at 3:31 p.m.

Justices across the ideological spectrum appeared to agree with a Catholic Charities chapter that Wisconsin violated the Constitution when it refused to give the group the tax exemption it gives to churches, religious schools, and some religious groups. The group contends it is exempt because it carries out its charitable works to put Catholic principles into operation.

ARGUMENT ANALYSIS

Court hears dispute over South Carolina’s bid to defund Planned Parenthood

at 6:41 p.m.

There was no clear consensus at arguments on Wednesday on whether Planned Parenthood has the right to sue over a 2018 order by South Carolina’s governor that barred abortion clinics from participating in Medicaid. During more than 90 minutes of oral arguments, the justices struggled to determine whether the Medicaid law on which Planned Parenthood relies must use specific words to signal that Congress intended to create a private right to enforce it – and, if so, what those words might be.

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