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The Supreme Court ‘s decision could come Friday in the case about whether TikTok must shut down in a few days under a federal law that seeks to force its sale by the Chinese company that owns the social media platform used by 170 million people in the U.S.

The justices are weighing a free speech challenge to the law, which takes effect Sunday, against the national security concerns that prompted its enactment with broad bipartisan support last year. A lawyer for TikTok and ByteDance, its Chinese owner, told the court last week that TikTok will “go dark” on Sunday unless the justices grant it a temporary reprieve or strike down the law.

During courtroom arguments, most of the justices seemed likely to uphold the law.

Alongside the ongoing court case, a potential lifeline for TikTok has emerged. President-elect Donald Trump, who once supported banning the app, is exploring options to “preserve” TikTok, his incoming national security adviser, Florida Rep. Mike Waltz, said in a televised interview on Wednesday.

It’s not clear what authority Trump has to intervene, although he could direct the Justice Department not to enforce the law, which threatens sanctions against the technology companies that make the app available and host it. The Supreme Court indicated Thursday that the justices will issue at least one decision Friday, adhering to its custom of not saying which one. But it also departed from its usual practice in some respects, heightening the expectation that it’s the TikTok case that will be handed down.

Except for when the end of the term nears in late June, the court almost always issues decisions on days when the justices are scheduled to take the bench. The next scheduled court day is Tuesday.

And apart from during the coronavirus pandemic, when the court was closed, the justices almost always read summaries of their opinions in the courtroom. They won’t be there Friday.

Any opinions will post on the court’s website beginning just after 10 a.m. EST Friday.



The Supreme Court turned back a push by the state of Utah to wrest control of vast areas of public land from the federal government, marking a small victory for land conservation advocates who worry that similar efforts may escalate in a Republican-controlled Washington.

The high court on Monday refused to let the Republican-controlled state file a lawsuit seeking to bring the land and its resources under state control. The decision came in a brief order in which the court did not explain its reasoning, as is typical. It marks the latest roadblock for states in a running feud with the U.S. government over who should control huge swaths of the West and the enormous oil and gas, timber, and other resources they contain.

Utah’s top state leaders said they have not ruled out taking their lawsuit to a lower court.

In the Western state known for its rugged mountains popular with skiers and red-rock vistas that draw throngs of tourists, federal agencies control almost 70% of the land. Utah argues that local control would be more responsive and allow the state access to revenue from taxes and development projects.

The complaint sought control of about half of federal land, which still amounts to an area nearly as large as South Carolina. The parcels are used for things like energy production, grazing, mining and recreation. Utah’s world-famous national parks and national monuments would have stayed in federal hands.

Monday’s decision by the high court comes as the newly Republican-controlled Congress adopted a rules package that includes language allowing lawmakers to more easily transfer or sell off public lands managed by federal agencies. The rules consider public lands to have no monetary value, meaning lawmakers will no longer need to account for lost revenue if they decide to give parcels to states or extractive industries.

While conservationists applauded the court’s rejection of what they called a land-grab lawsuit, many remained worried that the efforts will continue.

Public lands under state control could be vulnerable to privatization, degradation and oil drilling, said Steve Bloch, legal director for the Southern Utah Wilderness Alliance.

“If successful, Utah’s lawsuit would result in the sale of millions of acres of public lands in red-rock country to the highest bidder, an end to America’s system of federal public lands and the dismantling of the American West as we know it,” Bloch said.

Utah’s Republican Sens. Mike Lee and John Curtis criticized the court’s decision and promised legislative action. Curtis, who campaigned on being a climate-conscious Republican, said the people of Utah should be entrusted to manage the land they have lived on for generations.

“Building roads, moving cattle and cleaning up campgrounds all require navigating a behemothic bureaucracy that’s stacked up against the average Utahn,” Curtis said.

In a joint statement with Utah’s Republican legislative leaders and attorney general, Gov. Spencer Cox said he was disappointed in the court’s decision to turn away the lawsuit.

“Utah remains able and willing to challenge any BLM land management decisions that harm Utah,” state leaders said. “We are also heartened to know the incoming administration shares our commitments to the principle of ‘multiple use’ for these federal lands and is committed to working with us to improve land management.”

While lawsuits typically start in federal district courts and eventually work their way up to the U.S. Supreme Court, disputes involving states can start at the nation’s highest court if the justices agree to hear them.

Utah leaders noted that the high court did not comment on the merits of their arguments or prevent them from filing the lawsuit in a federal district court. Conservation groups say they’ll remain ready to challenge any future lawsuits.

“This lawsuit is an assault on the country’s long-standing and successful history of safeguarding valuable and vulnerable landscapes in trust for all Americans,” said Chris Hill, who leads the Conservation Lands Foundation. “And while the Supreme Court’s decision to not hear the case is a reprieve, we fully expect this small group of anti-public lands politicians to continue to waste taxpayer dollars and shop their bad ideas.”

The federal Bureau of Land Management declined to comment.


Advocates for transgender rights are turning to a conservative-dominated Supreme Court after a presidential election in which Donald Trump and his allies promised to roll back protections for transgender people.

The justices on Wednesday are taking up the issue of gender-affirming care for transgender minors, which has been banned by Tennessee and 25 other Republican-led states.

The fight over whether transgender adolescents can access puberty blockers and hormonal treatments is part of a broader effort to regulate the lives of transgender people, including which sports competitions they can join and which bathrooms they can use.

Trump backed a national ban on such care as part of his 2024 campaign in which he demeaned and mocked transgender people.

In its waning days, the Biden administration, along with families of transgender adolescents, will appeal to the justices to strike down the Tennessee ban as unlawful sex discrimination and protect the constitutional rights of vulnerable Americans.

“The stakes are high, of course, for transgender adolescents, but also for the parents who are watching their children suffer, who are just trying to do right by their kids,” Chase Strangio, who represents the families at the Supreme Court, said in an interview. Strangio, a lawyer for the American Civil Liberties Union, will be the first openly transgender person to argue before the high court.

A lawyer for Tennessee will argue that the “life-altering gender-transition procedures” are risky and unproven and that it’s the state’s role to protect children.

Trump nominated three justices in his first term who pushed the court in a more conservative direction that included the decision in 2022 overturning the landmark Roe v. Wade ruling, which had protected abortion rights for nearly 50 years.

Yet one of Trump’s appointees, Justice Neil Gorsuch, also authored a ruling in 2020 that protected LGBTQ people from discrimination in the workplace under federal civil rights law.

The administration and transgender families both rely on that decision to bolster their arguments.

After Trump takes office on Jan. 20, 2025, it’s possible the new administration could weigh in on the case, which is not expected to be decided until the spring.

There are about 300,000 people between age 13 and 17, and 1.3 million adults who identify as transgender in the United States, according to the Williams Institute at the UCLA School of Law. The Williams Institute is a think tank that researches sexual orientation and gender identity demographics to inform laws and public policy decisions.

Most Republican-controlled states have adopted a ban similar to the one in Tennessee, and those laws mostly are in effect, despite legal challenges. The Tennessee case is the first time the nation’s top court will consider the constitutionality of the bans.

Sivan Kotler-Berkowitz, a 20-year-old college student in Massachusetts who is transgender, said his life would have been very different if he were just a few years younger and living in one of the states.

“These bans are denying people the opportunity to live and excel,” he said in an interview. “There are thousands of transgender youth across the country that are thriving just like me because we’ve had the love and understanding of our families and because we’ve had access to proper care.”

The bans in Tennessee and elsewhere have put families in the position of deciding whether to travel for ongoing health care, go without or wait until their children turn 18.

Erin Friday, a leader of Our Duty, an international group that supports the bans on gender-affirming care for minors, said the case is going to be as important as Roe v. Wade. She said upholding the Tennessee law would bolster the cases for the laws restricting sports participation and bathroom use.



The Supreme Court on Friday stepped into a major legal fight over the $8 billion a year the federal government spends to subsidize phone and internet services in schools, libraries and rural areas, in a new test of federal regulatory power.

The justices will review an appellate ruling that struck down as unconstitutional the Universal Service Fund. The Federal Communications Commission collects money from telecommunications providers, who then pass the cost on to their customers.

A conservative advocacy group, Consumer Research, challenged the practice. The justices had previously denied two appeals from Consumer Research after federal appeals courts upheld the program. But the full 5th U.S. Circuit Court of Appeals, among the nation’s most conservative, ruled 9-7 that the method of funding is unconstitutional.

The Biden administration appealed that ruling, but the case probably won’t be argued until late March. At that point, the Trump administration will be in place and it not clear whether it will take a different view of the issue.

The 5th Circuit held that the funding method is unconstitutional because Congress has given too much authority to the FCC and the agency in turn has ceded too much power to a private entity.

The last time the Supreme Court invoked what is known as the non-delegation doctrine to strike down a federal law was in 1935. But several conservative justices have suggested they are open to breathing new life into the legal doctrine.



Pennsylvania’s state Supreme Court on Monday weighed in on a flashpoint amid ongoing vote counting in the U.S. Senate election between Democratic Sen. Bob Casey and Republican David McCormick, ordering counties not to count mail-in ballots that lack a correct handwritten date on the return envelope.

The order is a win for McCormick and a loss for Casey as the campaigns prepare for a statewide recount and press counties for favorable ballot-counting decisions while election workers are sorting through thousands of provisional ballots.

McCormick’s campaign called it a “massive setback” for Casey.

The Democratic-majority high court’s order reiterates the position it took previously that the ballots shouldn’t be counted in the election, a decision that Republicans say several Democratic-controlled counties nevertheless challenged.

In a statement, Gov. Josh Shapiro, a Democrat, said a lack of legal clarity had surrounded the ballots, putting county officials in a position where they were “damned if they did and damned if they didn’t — likely facing legal action no matter which decision they made on counting.”

It comes amid a gust of fresh litigation in recent days filed by both campaigns, contesting the decisions of about a dozen counties over whether or not to count thousands of provisional ballots.

Casey’s campaign says the provisional ballots shouldn’t be rejected for garden-variety errors, like a polling place worker forgetting to sign it. Republicans say the law is clear that the ballots must be discarded.

The Associated Press called the race for McCormick last week, concluding that not enough ballots remained to be counted in areas Casey was winning for him to take the lead.

As of Monday, McCormick led by about 17,000 votes out of almost 7 million ballots counted — inside the 0.5% margin threshold to trigger an automatic statewide recount under Pennsylvania law.

Statewide, the number of mail-in ballots with wrong or missing dates on the return envelope could be in the thousands.

Republicans last week asked the court to bar counties from counting the ballots, saying those decisions violate both the court’s recent orders and its precedent in upholding the requirement in state law that a voter write the date on their mail-in ballot’s return envelope.

Democratic-majority election boards in Montgomery County, Philadelphia and Bucks County voted to count the ballots that lacked a correct date, echoing election officials around the state who say the date tells them nothing about a voter’s eligibility or a ballot’s legitimacy.

Republicans maintain that the date is a critical element of ballot security.

At first, Republicans also asked a court to block the count in Centre County. They later withdrew the protest of two ballots and its challenge to a third was filed too late, a court ruled. Centre County said one ballot had too many characters in the “date” boxes, another voter had changed a digit and another voter wrote the date as day-month-year, rather than month-day-year.

The vast majority of counties — including several heavily populated counties controlled by Democrats — didn’t count them.

Democrats cast more mail-in ballots than Republicans, and Democrats in the past have supported counting ballots that trip over what they view as meaningless clerical requirements in state law.

Various courts have ruled against the dating requirement in at least a half-dozen cases — including once by the 3rd U.S. Circuit Court of Appeals — but higher courts have always reinstated it.

Meanwhile, the state Supreme Court has put off ruling on a pending case that calls into question whether the law violates the constitutional right to vote.


A conservative prosecutor’s attorney struggled Monday to persuade the Wisconsin Supreme Court to reactivate the state’s 175-year-old abortion ban, drawing a tongue-lashing from two of the court’s liberal justices during oral arguments.

Sheboygan County’s Republican district attorney, Joel Urmanski, has asked the high court to overturn a Dane County judge’s ruling last year that invalidated the ban. A ruling isn’t expected for weeks but abortion advocates almost certainly will win the case given that liberal justices control the court. One of them, Janet Protasiewicz, remarked on the campaign trail that she supports abortion rights.

Monday’s two-hour session amounted to little more than political theater. Liberal Justice Rebecca Dallet told Urmanski’s attorney, Matthew Thome, that the ban was passed in 1849 by white men who held all the power and that he was ignoring everything that has happened since. Jill Karofsky, another liberal justice, pointed out that the ban provides no exceptions for rape or incest and that reactivation could result in doctors withholding medical care. She told Thome that he was essentially asking the court to sign a “death warrant” for women and children in Wisconsin.

“This is the world gone mad,” Karofsky said.

The ban stood until 1973, when the U.S. Supreme Court’s landmark Roe v. Wade decision legalizing abortion nationwide nullified it. Legislators never repealed the ban, however, and conservatives have argued the Supreme Court’s decision to overturn Roe two years ago reactivated it.

Democratic Attorney General Josh Kaul filed a lawsuit challenging the law in 2022. He argued that a 1985 Wisconsin law that prohibits abortion after a fetus reaches the point where it can survive outside the womb supersedes the ban. Some babies can survive with medical help after 21 weeks of gestation.

Urmanski contends that the ban was never repealed and that it can co-exist with the 1985 law because that law didn’t legalize abortion at any point. Other modern-day abortion restrictions also don’t legalize the practice, he argues.

Dane County Circuit Judge Diane Schlipper ruled last year that the ban outlaws feticide — which she defined as the killing of a fetus without the mother’s consent — but not consensual abortions. The ruling emboldened Planned Parenthood to resume offering abortions in Wisconsin after halting procedures after Roe was overturned.

Urmanski asked the state Supreme Court in February to overturn Schlipper’s ruling without waiting for a lower appellate decision.


The Supreme Court on Friday rejected an emergency appeal from Republicans that could have led to thousands of provisional ballots not being counted in Pennsylvania as the presidential campaigns vie in the final days before the election in the nation’s biggest battleground state.

The justices left in place a state Supreme Court ruling that elections officials must count provisional ballots cast by voters whose mail-in ballots were rejected.

The ruling is a victory for voting-rights advocates, who had sought to force counties — primarily Republican-controlled counties — to let voters cast a provisional ballot on Election Day if their mail-in ballot was to be rejected for a garden-variety error.

While the Supreme Court action was a setback for Republicans, the GOP separately claimed victory in a decision by Pennsylvania’s Supreme Court. That court rejected a last-ditch effort by voting rights advocates to ensure that mail-in ballots that lack an accurate, handwritten date on the exterior envelope will still count in this year’s presidential election.

The rulings are the latest in four years of litigation over voting by mail in Pennsylvania, where every vote truly counts in presidential races. Republicans have sought in dozens of court cases to push the strictest possible interpretation for throwing out mail-in ballots, which are predominantly cast by Democrats.

Taken together, Friday’s near-simultaneous rulings will ensure a heavy emphasis on helping thousands of people vote provisionally on Election Day if their mail-in ballot was rejected — and potentially more litigation.

As of Thursday, about 9,000 ballots out of more than 1.6 million returned have arrived at elections offices around Pennsylvania lacking a secrecy envelope, a signature or a handwritten date, according to state records.

Pennsylvania is the biggest presidential election battleground this year, with 19 electoral votes, and is expected to play an outsized role in deciding the election between Republican Donald Trump and Democrat Kamala Harris.

It was decided by tens of thousands of votes in 2016 when Trump won it and again in 2020 when Democrat Joe Biden won it.

A voting-rights lawyer in Pennsylvania who helped bring both cases said it is almost certain that another case over undated ballots will be back before the state Supreme Court within days after the presidential election if it is close.

“It’s almost certain that this is going to be raised again after the election, especially if it’s a close election,” Witold Walczak, legal director of the American Civil Liberties Union of Pennsylvania, said in an interview.

In its unsigned, two-page order, the state’s highest court put a lower court ruling on hold that would have required counties to count the ballots. The high court said the case won’t apply to the presidential election being decided next week, but held out the possibility that it would still rule on the case at a later time.

The rulings came as voters had their last chance Friday to apply for a mail-in ballot in a bellwether suburban Philadelphia county while a county clear across the state gave voters who didn’t receive their ballot in the mail another chance to get one. A judge in Erie County, in Pennsylvania’s northwestern corner, ruled Friday in a lawsuit brought by the Democratic Party that about 15,000 people who applied for a mail ballot but didn’t receive it may go to the county elections office and get a replacement through Monday.

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