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Factbox-Guns, transgender rights, porn, regulatory powers cases head to US Supreme Court

by October 4, 2024
written by October 4, 2024

(Reuters) – The U.S. Supreme Court is set on Monday to begin its new nine-month term that has cases on issues including guns, gender-affirming medical care for transgender minors, online pornography, federal regulatory powers involving nuclear waste storage and vape products, and securities fraud litigation involving Nvidia (NASDAQ:NVDA) and Facebook (NASDAQ:META).

Here is a look at some of the cases the justices are due to decide.

‘GHOST GUNS’

The issue of gun rights returns to the justices, who agreed to decide the legality of a U.S. regulation aimed at reining in homemade “ghost guns,” as President Joe Biden’s administration combats the increasing use of these largely untraceable weapons in crimes nationwide. The administration appealed after a lower court found that the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives exceeded its authority in issuing the rule targeting parts and kits for ghost guns, which can be assembled at home in minutes. Arguments are set for Oct. 8.

MEXICO GUNS LAWSUIT

A bid by U.S. gun maker Smith & Wesson and firearms wholesaler Interstate Arms to throw out Mexico’s lawsuit accusing them of aiding the illegal trafficking of firearms to Mexican drug cartels will go before the justices. They appealed a lower court’s refusal to dismiss Mexico’s suit under a 2005 U.S. law that broadly shields gun companies from liability for crimes committed with their products. The suit accused gun companies of knowingly maintaining a distribution system that leads to guns being trafficked to cartels in Mexico. No date has been set for the arguments.

TRANSGENDER RIGHTS

The court is set to decide the legality of a Republican-backed ban in Tennessee on gender-affirming medical care for transgender minors. The Biden administration appealed a lower court’s decision upholding Tennessee’s ban on medical treatments including hormones and surgeries for minors experiencing gender dysphoria. That refers to the significant distress that can result from incongruity between a person’s gender identity and the sex they were assigned at birth. No date has been set for the arguments.

ONLINE PORNOGRAPHY

The justices will consider whether a Texas law that requires pornographic websites to verify the age of users in an effort to restrict access to minors violates the U.S. Constitution’s First Amendment safeguard against government infringement of speech. A trade group representing adult entertainment performers and companies appealed a lower court’s decision upholding the Republican-led state’s age-verification measure, finding that it likely did not violate the First Amendment. No date has been set for the arguments.

NUCLEAR WASTE STORAGE

The court is set to consider whether the Nuclear Regulatory Commission has the authority to license nuclear waste storage facilities following a judicial ruling that upended decades of practice by declaring it does not. The Biden administration and a company that was awarded a license by the NRC to build a waste storage facility in Texas appealed the lower court’s ruling. The license was challenged by the states of Texas and New Mexico, as well as oil industry interests. The case is another one testing the power of U.S. regulatory agencies. No date has been set for the arguments.

FLAVORED VAPE PRODUCTS

The court is due to hear the U.S. Food and Drug Administration’s defense of the agency’s rejection of applications by two companies to sell flavored vape products that it has determined pose health risks for young consumers. A lower court ruled that the FDA failed to follow proper legal procedures under federal law when it denied the applications to bring their nicotine-containing products to market. The case is another one testing the power of U.S. regulatory agencies. No date has been set for the arguments.

NVIDIA SECURITIES FRAUD LAWSUIT

The justices will hear Nvidia’s bid to scuttle a securities fraud lawsuit accusing the artificial intelligence chipmaker of misleading investors about how much of its sales went to the volatile cryptocurrency industry. Nvidia appealed after a lower court revived a proposed class action brought by shareholders in California against the company and its CEO. Nvidia has become one of the biggest beneficiaries of the AI boom. Arguments are scheduled for Nov. 13.

FACEBOOK SECURITIES FRAUD LAWSUIT

Also coming before the justices is a bid by Meta’s Facebook to scuttle a private securities fraud lawsuit accusing the social media platform of misleading investors about the misuse of its user data by the company and third parties. A lower court allowed a shareholder lawsuit brought in California and led by Amalgamated Bank (NASDAQ:AMAL) to proceed. Arguments are scheduled for Nov. 6.

DEATH PENALTY CASE

The court will hear a bid by Oklahoma death row inmate Richard Glossip, convicted in a 1997 murder-for-hire, for a new trial based on his claim that prosecutors wrongly withheld certain evidence favorable to his defense. A lower court decided that the newly obtained evidence would not have changed the case’s outcome. The Supreme Court in 2023 put on hold Glossip’s scheduled execution. Arguments are scheduled for Oct. 9.

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