Cases about vaping, transgender medical procedures, the IRS' sovereign immunity in bankruptcy proceedings, and compensation for Holocaust survivors will be part of a stocked docket when the Supreme Court resumes hearing oral arguments Monday.
The two cases on Monday's calendar involve the Food and Drug Administration's rejection of applications by two companies to sell fruit- and candy-flavored vaping liquids (FDA v. Wages and White Lion Investments) and whether the IRS is protected by sovereign immunity from a requirement to return funds from insolvent debtors that private creditors face (U.S. v. Miller).
In the FDA case, a federal appeals court in Louisiana set aside the FDA's orders denying applications by Triton Distribution and Vapetasia, SCOTUSblog reported Friday.
Medical groups, including the American Medical Association, claimed the use of flavored electronic cigarettes by young people is a "public health crisis." Members of the vaping industry countered that such products could help adults to quit smoking traditional cigarettes, and they added a ruling against the companies could "decimate the vaping industry."
The law at the center of the case is the Family Smoking Prevention and Tobacco Control Act. Enacted in 2009 to regulate tobacco, it requires authorization from the FDA before a new tobacco product can go on the market.
In U.S. v. Miller, the justices will determine if a bankruptcy trustee can recover a debtor's tax payment to the IRS. The court will be taking a close look at Section 544(b) of the Bankruptcy Code, which allows bankruptcy trustees to "avoid," essentially undo or recover, debtor transfers or payments made before bankruptcy, the Washington Examiner reported Friday. The bankruptcy court, district court, and appeals court ruled in favor of the trustee.
On Tuesday, the justices will hear oral arguments in Hungary v. Simon, which was brought by families of Holocaust survivors to receive compensation from Hungary and its national railway for the seizure of their property. The justices will consider the scope of the "expropriation" exception to the Foreign Sovereign Immunities Act, which carves out an exception to the general rule that foreign governments cannot be sued in U.S. courts when "rights of property taken in violation of international law are in issue."
The plaintiffs alleged the Hungarian government took their property, sold it, put the proceeds from the sales in the general state treasury, and then later used funds from the treasury in connection with the country's commercial activities in the U.S., according to SCOTUSblog.
On Wednesday, the justices will hear oral arguments on a case (U.S. v. Skrmetti) involving a Tennessee law that prohibits all medical treatments for transgender youth, and whether it violates the Equal Protection Clause of the 14th Amendment.
An American Civil Liberties Union of Tennessee spokesperson told the Examiner the case is about "fundamental freedom to access vital, lifesaving healthcare." But supporters of the law insist the ban is not discriminatory.
In an October brief to the high court, attorneys for Tennessee Republican Attorney General Jonathan Skrmetti's office wrote, according to the Examiner, that "weighing risks and benefits, States [and the federal government] draw age- and use-based distinctions for drugs all the time."
The case is likely to set a precedent as the Supreme Court has long avoided getting involved in disputes surrounding transgender issues and rights.
Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
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