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Among the three opinions arriving on Thursday from the April argument session was Hikma Pharmaceuticals USA v. Amarin Pharma. As the quick turnaround would suggest, Hikma is not a case that produced a lot of discord among the justices. The opinion of Justice Ketanji Brown Jackson for a unanimous court rejected the idea that a generics pharmaceutical manufacturer (Hikma) can be held responsible for infringements of patents held by the branded manufacturer (Amarin) based on the decisions of doctors and pharmacies to use the generic compound for patented uses of the drug.The case involves the well-known drug Vascepa,

Thursday morning brought the first three decisions from the April argument session, with two of the three being unanimous. The first of those was Sripetch v SEC, which did just what the argument suggested it would, validate the SEC’s ability to use “disgorgement” to force a wrongdoer to turn over its profits to the government without showing harm caused to the wrongdoer’s customers.Sripetch is a case for which context is crucial, as the case is the third in a closely related series of disputes considering the SEC’s use of disgorgement. This led Justice Neil Gorsuch, writing for a unanimous court, to start his opinion with a lengthy summary of that context. As he sees it, “[t]he SEC’s disgorgement powers have a long and nuanced history.

Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not reflect the official opinions of SCOTUSblog.A short walk up a small hill from the World War II Memorial on the National Mall in Washington, D.C., stands a modest display of the prayer President Franklin Delano Roosevelt gave on the radio late in the evening of June 6, 1944, following the longest day of fierce combat between Allied troops and Nazi forces on Normandy’s beaches. As Americans heard reports of the invasion throughout the day on June 6, the White House prepared for FDR’s radio prayer that night by releasing the text of it for publication in the evening editions of their newspapers, so people could pray along with the president.

A new survey shows that Americans are evenly split – 50% approve and 50% disapprove – over proposals to add justices to the Supreme Court, but broadly in favor (79%) of term limits. For more of the survey’s findings, see the Morning Reads section below.At the CourtOn Thursday, the court released its opinions in three cases: Federal Communications Commission v. AT&T, Sripetch v. Securities and Exchange Commission, and Hikma Pharmaceuticals v. Amarin Pharma.In FCC v. AT&T, the court held, 8-1, that it does not violate the Seventh Amendment’s right to a jury trial for the FCC to issue forfeiture orders without the involvement of a jury. Chief Justice John Roberts wrote the majority opinion, and Justice Clarence Thomas penned a solo dissent.

The Supreme Court on Thursday rejected a challenge by AT&T and Verizon to the constitutionality of the process that the Federal Communications Commission uses to impose sanctions for violations of federal telecommunications laws. By a vote of 8-1, with only Justice Clarence Thomas dissenting, the justices agreed with the FCC in FCC v. AT&T that the process – under which the agency can issue an order finding a company liable and instructing it to pay a penalty – does not violate the right to a jury trial guaranteed by the Seventh Amendment.The challenge came after the FCC issued orders assessing penalties of $57 million against AT&T and $47 million against Verizon for mishandling confidential customer location data. At that point, the companies had two options.