The High Court Report

Chevron USA Inc. v. Plaquemines Parish | Oral Argument Date: 1/12/26 | Docket Link: HereOral Advocates:For Petitioner (Chevron): Paul D. Clement, Alexandria, VA argues for Petitioner Chevron.For United States (as Amicus Curiae Supporting Petitioner): Aaron R., Assistant to the Solicitor General, Department of Justice argues for United States as amicus curiae.For Respondent: J. Benjamin Aguiñaga, Solicitor General, Baton Rouge, LA argues for Respondent Plaquemines Parish.Question Presented: Whether oil companies can remove a state lawsuit into federal court involving oil production if the oil companies provided services under a federal contract for oil refining but not production.Overview: Oil companies that fueled WWII fighter planes face $744.6 million in state court verdicts for 80-year-old production methods, creating unprecedented federal contractor liability exposure with massive removal jurisdiction implications.Posture: Fifth Circuit denied en banc rehearing by narrow 7-6 vote after split panel affirmed remand.Main Arguments:• Chevron (Petitioner): (1) 2011 amendment eliminated causal-nexus requirement through "relating to" language expansion; (2) Fifth Circuit improperly reinstated contractual-direction test rejected by other circuits; (3) Oil production activities directly connected to federal avgas contracts through pricing terms and wartime regulations• Louisiana (Respondent): (1) No genuine circuit split exists among courts applying "connection or association" standard; (2) Case lacks national importance beyond fact-specific contractor disputes; (3) Federal contracts remained silent about production methods, requiring sufficient connection between challenged conduct and federal directivesImplications: Chevron victory expands federal contractor protection from state court liability for activities connected to federal work, potentially encouraging emergency contracting. Louisiana victory maintains state environmental enforcement authority while exposing federal contractors to massive local jury verdicts for wartime activities.The Fine Print:• 28 U.S.C. § 1442(a)(1): "A civil action...commenced in a State court against...any officer (or any person acting under that officer) of the United States...for or relating to any act under color of such office...may be removed"• State and Local Coastal Resources Management Act: Requires compliance with environmental standards for oil and gas operations in Louisiana coastal zoneLink to Opinion: TBD.Website Link to Opinion Summary: TBD.Timestamps:[00:00:00] Argument Intro[00:01:54] Argument Begins[00:02:01] Chevron Opening Statement[00:04:26] Chevron Free for All Questions[00:19:20] Chevron Round Robin Questions[00:34:43] United States as Amicus Curiae Opening Statement[00:35:48] United States Free for All Questions[00:45:50] United States Round Robin Questions[00:52:13] Plaquemines Opening Statement[00:53:57] Plaquemines Free for All Questions[01:10:14] Plaquemines Round Robin Questions[01:16:07] Chevron Rebuttal

Hear final thoughts on this week's Supreme Court cases:See case preview episodes and January Mega Episode (here) for additional case details.Case Summaries:Chevron v. Plaquemines (Jan 12): WWII oil companies face massive state court verdict for 1940s production methods.Little v. Hecox (Jan 13): Transgender female students challenge Idaho and West Virginia sports participation bans.CSX Galette v. NJ Transit (Jan 14): Transit authority claims sovereign immunity despite state disclaimer of responsibility.Follow The High Court Report:Apple, Spotify, YouTube podcastsLinkedIn for daily updatesEmail: [email protected] case previews available on podcast page

Based on the project templates and your episode script, here are show notes for your January 2026 mega episode:January 2026 Supreme Court Mega Preview | The High Court ReportOverview: Action-packed January brings constitutional showdowns across five major cases spanning wartime contractor protection, transgender athletics, sovereign immunity, Second Amendment property rights, and presidential removal power over Federal Reserve governors.Roadmap Episode: Complete preview covering Chevron's $744 million WWII liability case, transgender sports restrictions post-Skrmetti, New Jersey Transit sovereignty claims, Hawaii's gun permission requirements after Bruen, and Trump's authority to fire Fed officials for pre-appointment conduct.Case Summaries:Chevron v. Plaquemines (Jan 12): WWII oil companies face massive state court verdict for 1940s production methods.Little v. Hecox (Jan 13): Transgender female students challenge Idaho and West Virginia sports participation bans.CSX Galette v. NJ Transit (Jan 14): Transit authority claims sovereign immunity despite state disclaimer of responsibility.Wolford v. Lopez (Jan 20): Licensed gun carriers sue Hawaii over business entry permission requirements.Trump v. Cook (Jan 21): Presidential firing of Fed Governor Lisa Cook over mortgage application allegations.Key Themes:Federalism tensions across multiple casesPost-Bruen Second Amendment applicationsSovereign immunity doctrine evolutionPresidential removal authority limitsConstitutional gender classifications after SkrmettiStatistics:Supreme Court currently reviewing 48 unique pending cases63 cases heard last term, suggesting 10-15 more additions likelyFourth sovereign immunity case this termBenjamin Aguinaga and Paul Clement each arguing third cases this yearSchedule Notes:January arguments followed by February hiatus until month-endOnly three sitting days in entire FebruaryEight March days and seven April sitting days plannedMay-June dates not yet setFollow The High Court Report:Apple, Spotify, YouTube podcastsLinkedIn for daily updatesEmail: [email protected] case previews available on podcast pageLink8/19/25 Episode: Road Work Ahead:

M & K Employee Solutions, LLC v. Trustees of The IAM Pension Fund | Argument Date: 1/20/26 | Docket Link: HereQuestion Presented: Can pension plans charge higher prices using future prices, or must they stick with the original prices?Overview: Four companies' pension withdrawal liability tripled from timing of actuarial assumption changes, creating circuit split over whether "as of" December 31st calculations require December 31st assumptions or permit retrospective professional judgment.Posture: Arbitrators favored companies; D.C. District Court and Circuit reversed, permitting post-measurement assumption adoption with restrictions.Main Arguments:Petitioners: (1) "As of" language creates statutory deadline requiring pre-measurement assumption adoption; (2) Legislative framework expected annual assumption reviews before measurement dates; (3) Anti-manipulation principles from Section 1394 should apply to actuarial assumptionsRespondents: (1) "As of" establishes reference date, not completion deadline for retrospective valuations; (2) "Best estimate" requirement mandates current professional judgment over stale assumptions; (3) Standard actuarial practice permits and encourages post-measurement selectionImplications: Petitioner victory creates uniform nationwide timing deadlines for actuarial assumptions but potentially forces use of outdated professional judgments. Respondent victory maintains professional flexibility and accuracy in pension calculations but creates potential manipulation risks and planning uncertainty. Decision affects multiemployer pension withdrawals nationwide, involving billions in liability calculations. Ruling influences broader questions about statutory interpretation incorporating professional standards and temporal requirements in technical regulatory contexts.The Fine Print:29 U.S.C. § 1391: "The amount of an employer's withdrawal liability...shall be computed...as of the end of the plan year preceding the plan year in which the withdrawal occurs"29 U.S.C. § 1393(a)(1): "actuarial assumptions and methods which...offer the actuary's best estimate of anticipated experience under the plan"Primary Cases:National Retirement Fund v. Metz Culinary Management (2020): Second Circuit held actuarial assumptions for withdrawal liability must exist by measurement date; automatic rollover applies absent timely changesConcrete Pipe & Products v. Construction Laborers Pension Trust (1993): Withdrawal liability creates "fixed and certain debt"; actuarial determinations receive presumption of correctness due to professional constraints and statutory requirements

Wolford v. Lopez | Case No. 24-1046 | Docket Link: HereQuestion Presented: Whether the Ninth Circuit erred in holding that Hawaii may presumptively prohibit concealed carry permit holders from carrying handguns on private property open to the public without property owner express permission.Overview: Post-Bruen constitutional challenge to Hawaii's affirmative-consent requirement for carrying firearms on private property open to public creates circuit split over intersection of Second Amendment rights and traditional property law principles.Posture: District court enjoined law; Ninth Circuit reversed, creating conflict with Second and Third Circuits.Main Arguments:• Petitioner: (1) Carrying firearms on private property open to public falls within Second Amendment's plain text protection; (2) Hawaii's presumptive prohibition effectively abolishes public carry rights through property law circumvention; (3) Colonial and Reconstruction-era scattered laws fail to establish sufficient historical tradition under Bruen framework• Respondent: (1) Second Amendment never protected armed entry onto private property without owner consent under English common law inheritance; (2) Hawaii's law vindicates fundamental property owners' right to exclude rather than restricting Second Amendment rights; (3) Multiple colonial and Reconstruction-era historical analogues constitute "dead ringers" supporting Hawaii's approach requiring express consentImplications: Petitioner victory establishes robust Second Amendment protection in privately-owned publicly-accessible spaces, potentially invalidating similar post-Bruen restrictions across multiple states and expanding public carry rights significantly. Respondent victory permits states to circumvent direct gun control restrictions through property law mechanisms, enabling broader firearms regulations while preserving traditional property rights and potentially creating complex patchwork of varying consent requirements across jurisdictions affecting everyday carry practices.The Fine Print:• H.R.S. § 134-9.5(b): "No person shall carry or possess a firearm on any private property unless that person has been given express authorization by the property owner or the owner's authorized agent through unambiguous written or verbal authorization or clear and conspicuous signage"• Second Amendment: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"Primary Cases:• NYSRPA v. Bruen (2022): Second Amendment protects individual right to carry handguns publicly for self-defense; government restrictions must demonstrate consistency with historical tradition of firearm regulation rather than interest-balancing approach• Cedar Point Nursery v. Hassid (2021): Property owners possess fundamental right to exclude others from their premises, constituting "one of the most treasured rights of property ownership" requiring government compensation for regulatory takings