Member Alerts

Supreme Court Alert (10/6/25)

The Supreme Court kicks off a new term today and it will be an extremely active one. The conservative super-majority court could choose to further expand the power of the Trump administration to reconfigure the administration state and restructure the economy. On the other hand, they may decide to pump the brakes out of concern for separation of powers and Congressional authority.

Of particular interest to the water sector are Learning Resources Inc. v. Trump (November 5) a high-stakes challenge to Trump’s contention that tariffs are a necessary response to a national emergency and Trump v. Slaughter (December 1 or 10) which asks whether presidents have power to fire the heads of the Federal Trade Commission without cause. That case takes dead aim at the court’s 1936 decision in Humphrey’s Executor v. United States, a landmark precedent allowing Congress to insulate certain agency heads against full presidential control.

There are currently over 400 lawsuits against the Trump administration percolating in federal district and appeals courts. No doubt some of the cases will arrive in the Supreme Court this term, either through the regular petition process or the emergency docket, an avenue the Trump administration has used to great success in challenging injunctions against its policies.

WWEMA will continue to watch the Supreme Court as this exciting term unfolds and alert you to new cases of impact to the water sector.