
The Supreme Court upholds Tennessee ban on gender-affirming care, DHS revives ICE raids, EPA reconsiders asbestos ban, and more …
IN THE NEWS
- The U.S. Supreme Court upheld a Tennessee law banning gender-affirming care—such as puberty blockers and hormone therapy—for minors with gender dysphoria. The Court ruled 6–3 that the law does not violate the Equal Protection Clause of the U.S. Constitution’s Fourteenth Amendment. Writing for the majority, Chief Justice John G. Roberts emphasized the importance of judicial restraint in reviewing state laws. He concluded that the law targeted individuals based on age and medical use—not gender—and so required only a “plausible” justification. The Court found that Tennessee’s stated concerns about medical risks provided such a justification. In dissent, Justice Sonia Sotomayor argued that the law classifies by sex and so requires a heightened justification.
- President Donald J. Trump fired Christopher Hanson, chair of the Nuclear Regulatory Commission (NRC), without cause after issuing an executive order promoting nuclear energy production and criticizing the NRC’s policy of “minimizing even trivial risks” without regard for possible benefits. Hanson’s dismissal followed President Trump’s recent firings of members of the National Labor Relations Board and Merit Systems Protection Board, which the U.S. Supreme Court permitted recently pending appeals in cases challenging their removals. Before his removal, Hanson argued at the NRC’s annual conference that the Commission’s independent status was crucial for minimizing political influence and prioritizing safety. The firings reflect the President’s broader efforts to assert control over traditionally independent regulatory agencies.
- A federal district court in Maryland ordered the reinstatement of three members of the five-member Consumer Product Safety Commission terminated last month by President Trump. Judge Matthew J. Maddox ruled that the President violated a federal statute by removing them without cause and that, contrary to the Trump Administration’s argument, the statute’s for-cause removal requirement is constitutional under U.S. Supreme Court precedent. The Trump Administration has appealed the ruling. Last month, the Supreme Court stayed pending appeal district court orders requiring the reinstatement of members of the National Labor Relations Board and Merit Systems Protection Board also terminated by President Trump.
- The U.S. Supreme Court issued two rulings clarifying the appropriate filing locations for challenges to actions taken by the U.S. Environmental Protection Agency (EPA) under the Clean Air Act. In EPA v. Calumet, the Court ruled that small oil refineries challenging the EPA’s denial of exemptions from renewable fuel requirements must bring their claims in the D.C. Circuit, not in the Fifth Circuit, because the EPA’s decision, since it applied en masse to the exemptions sought under the same legal reasoning, was “based on nationwide scope or effect.” In Oklahoma v. EPA, the Court held that EPA’s rejection of two states’ ozone control plans belonged in a regional court, the Tenth Circuit, because the EPA’s decisions were based on state-specific factors and did not reflect a nationwide policy.
- The U.S. Supreme Court rejected legal challenges to a federal plan to store nuclear waste at a private facility near the Texas–New Mexico border. The Court ruled that Texas and industry opponents could not challenge an NRC decision approving the plan because they had not sufficiently participated in the NRC’s licensing proceedings. The Court did not address whether the NRC had legal authority to approve the site, which was intended as a temporary solution due to stalled federal government plans for a permanent repository at Nevada’s Yucca Mountain.
- The U.S. Department of Homeland Security (DHS) reversed guidance issued last week limiting immigration raids at farms, hotels, and restaurants by U.S. Immigration and Customs Enforcement (ICE). ICE officials told field office leaders that they must resume worksite raids. A DHS spokesperson confirmed the new guidance in a statement, noting that the new policy would help protect “public safety, national security and economic stability.” The Trump Administration has directed ICE to arrest at least 3,000 people a day on immigration charges.
- The Senate passed the GENIUS Act, establishing consumer protections for stablecoins, cryptocurrencies linked to the dollar’s value. Cryptocurrency firms such as Coinbase lobbied in favor of the legislation. U.S. Senator Bill Hagerty (R-Tenn.), the bill’s sponsor, claimed that it would position the United States as a global leader in cryptocurrency, while U.S. Senator Elizabeth Warren (D-Mass.) criticized the bill’s lack of firm guardrails to prevent conflicts of interest for public officials. President Trump’s 2025 financial disclosures revealed that one of his largest sources of income was an ownership interest in a cryptocurrency platform.
- A federal district judge upheld the removal by the U.S. Food and Drug Administration (FDA) of the diabetes and weight-loss drug semaglutide, popularly sold as Ozempic and Wegovy, from FDA’s drug shortage list. As a result of the removal, compounding pharmacies, which sell imitations of name-brand drugs to address market shortages, can no longer sell semaglutides. The Outsourcing Facilities Association, a trade association for compounding pharmacies, filed a lawsuit challenging the removal and claimed that the removal would deprive patients of beneficial drugs and increase prices. U.S. District Judge Mark Pittman rejected the Association’s claim that FDA had “arbitrarily” ignored data when assessing the market supply and demand.
- The EPA announced plans to reconsider a Biden-era ban on chrysotile asbestos—the only type of asbestos still used in the United States. Chrysotile asbestos is used in automotive parts and causes lung cancer and mesothelioma. In its filing, EPA said its review will occur over the next 30 months and will consider if the ban “went beyond what is necessary” to eliminate the asbestos risk. Although the first Trump Administration did not ban asbestos, it required companies to provide notice before they initiated a new use of the fiber.
- The FDA announced a program under which FDA Commissioner Martin Makary can issue vouchers to drug developers that will shorten the review time for drug applications. These vouchers will be issued to companies that are “aligned with U.S. national priorities,” such as addressing a health crisis or increasing domestic drug manufacturing. Under the new process, a team of FDA experts will pre-review drug applications and then make decisions on new drugs in a one-day session, rather than drug applications being sent out to numerous FDA field offices for review.
WHAT WE’RE READING THIS WEEK
- In a National Bureau of Economic Research working paper, Dhaval Dave, a research professor at Bentley University, and several coauthors examined the impact of state abortion restrictions on the rate of intimate partner violence in the wake of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health. Intimate partner violence is the most common form of violence experienced by women. The Dave team compared incident data from 2017 to 2023 with incident data after Dobbs, which triggered numerous state abortion restrictions. In doing so, it contrasted differences in violence rates between counties where the travel distance to the nearest abortion center increased and counties with minimal or no changes. The Dave team found incidents of intimate partner violence increased by 7 to 10 percent in the counties with abortion restrictions. They suggested that decreased abortion access can lead to financial strain and bind women to abusive partners if they become pregnant, which may cause this increase.
- In an article in the Yale Journal on Regulation, Erika M. Douglas, an associate professor at the Temple University Beasley School of Law, examined the historical use of antitrust enforcement powers in industries where industry-specific regulators, rather than more general enforcement agencies, hold antitrust enforcement powers. Douglas found that industry-specific agencies exercised these powers far less frequently, sometimes going decades or more without an enforcement action, despite possessing legal authority designed to mirror that of non-industry-specific agencies. This “antitrust abandonment,” Douglas argued, creates gaps in regulation, harming healthy competition because industry-specific agencies fail to execute congressional policy goals. As Congress considers whether to establish regulatory agencies for new industries such as digital marketplaces, Douglas argued that it should not exempt industries from general antitrust frameworks that provide a backstop if industry-specific regulators do not use their enforcement powers.
- In a report by the Government Accountability Office (GAO), the agency reviewed the Department of Labor’s Office of Labor-Management Standards (OLMS) and found key weaknesses in how it enforces the Labor-Management Reporting and Disclosure Act. The GAO found that, although OLMS audits unions and identifies recordkeeping and reporting violations, it relies primarily on voluntary compliance without verifying whether corrective actions are taken. The GAO also noted that OLMS does not consistently cite relevant compliance publications in its audit closing letters, leaving unions without clear guidance. The GAO issued seven recommendations, including that OLMS track follow-up actions, assess the impact of voluntary compliance, and improve how guidance materials are used and updated.
EDITOR’S CHOICE
- In an essay in The Regulatory Review, Scott Skinner-Thompson, an associate law professor at the University of Colorado Law School, argued that 2021’s wave of state laws targeting transgender youth—particularly bans on gender-affirming medical care and restrictions on sports participation—represent discriminatory policymaking and unconstitutional regulatory overreach. These laws, Skinner-Thompson contended, were rooted in animus and violated equal protection, bodily autonomy, and free expression. He claimed that discrimination against transgender people is increasingly being considered sex-based discrimination. Ultimately, Skinner-Thompson urged that true justice requires dismantling the structural barriers that continue to deprive transgender youth of care, dignity, and full participation in society.