S&C Supreme Court Business Review – October Term 2021
Key Highlights for Businesses August 3, 2022Podcast Series
Part 1 - Introduction, NFIB v. OSHA and West Virginia v. EPA
In this episode of S&C Critical Insights, Judd Littleton, Julia Malkina and Morgan Ratner introduce the third annual podcast series accompanying S&C’s Supreme Court Business Review.
Judd, Julia and Morgan preview upcoming episodes and discuss two closely watched administrative law decisions from this Term. The first is National Federation of Independent Business v. OSHA, in which the Court considered whether the Occupational Safety and Health Administration had the authority to implement a national COVID-19 vaccine mandate. The second is West Virginia v. EPA, in which the Court considered whether the Environmental Protection Agency had the authority to issue the Clean Power Plan, which established carbon dioxide emissions limits for coal power plants. They also briefly touch on the Court’s decision in American Hospital Association v. Becerra, in which the Court declined to address the continued viability of the Chevron doctrine in a case addressing how the Department of Health and Human Services sets drug reimbursement rates for hospitals treating Medicare patients.
Led by former Acting Solicitor General of the United States Jeffrey Wall—who has argued more than 30 times before the U.S. Supreme Court—and drawing on the experience of 17 former U.S. Supreme Court clerks and more than 80 former federal circuit court clerks, S&C’s Supreme Court and Appellate Practice adeptly handles challenging and high-profile appeals around the country. Our Supreme Court and Appellate lawyers collectively have significant experience before the Supreme Court and scores of other federal and state courts of appeals.

These decisions cover a wide range of issues including arbitration, ERISA, federal tax law, copyright, and the scope of federal agencies' regulatory authority.
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S&C's Supreme Court and Appellate Practice
Led by former Acting Solicitor General of the United States Jeffrey Wall—who has argued more than 30 times before the U.S. Supreme Court—and drawing on the experience of 17 former U.S. Supreme Court clerks and more than 80 former federal circuit court clerks, S&C’s Supreme Court and Appellate Practice adeptly handles challenging and high-profile appeals around the country. Our Supreme Court and Appellate lawyers collectively have significant experience before the Supreme Court and scores of other federal and state courts of appeals.
A distinctive feature of our practice is that S&C’s appellate lawyers have handled every phase of litigation. They have tried and arbitrated cases, conducted internal investigations, and represented clients in governmental investigations. This broad experience gives them a valuable perspective from which to develop more effective arguments based on their experience in those other contexts, and enables them to work collaboratively with trial teams to frame those arguments persuasively at every stage of a case. Clients appreciate that this structure allows the same teams to handle motions, trials, and appeals. Even in matters that S&C has not handled in the initial stages, clients also often seek out our team’s tailored appellate expertise, skilled advocacy, and strategic advice.
Our appellate experience covers virtually all of our litigation practices, including antitrust, bankruptcy, criminal defense, intellectual property, labor and employment, M&A litigation, products liability and securities litigation.
For additional discussion, including presentations for CLE credit, please contact Judd Littleton, Julia Malkina or Morgan Ratner.
S&C’s Litigation Practice
Our Litigation Group draws upon S&C’s deep experience in corporate, financial and transactional law, forming integrated teams that handle any related or follow-on matters that arise. We manage issues through every stage of the litigation life cycle, before any court, arbitration panel or regulatory agency.