Legal News for Thurs 12/5 - SCOTUS Considers Trans Care Bans, Challenges to EPA Emissions Standards, DOJ Finds Memphis Police Discrimination and Law Firms Look to 2025

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This Day in Legal History: Pope Innocent VIII Launches Witch Hunt

On December 5, 1484, Pope Innocent VIII issued the papal bull Summis desiderantes affectibus, which formally authorized investigations and prosecutions of witchcraft in Germany. This decree empowered Heinrich Kramer and Jacob Sprenger, Dominican inquisitors, to act against alleged witches, leading to heightened witch-hunting activities in the late 15th century. The bull emphasized the Church's role in combating heresy and supernatural practices deemed harmful to the Christian faith. The investigations authorized by this bull were pivotal in the creation of the infamous Malleus Maleficarum ("Hammer of the Witches") in 1486, a manual written by Kramer and Sprenger that advocated for the use of torture to extract confessions from accused witches.

The bull and the subsequent witch hunts reflected prevailing fears of social and religious disorder, often targeting marginalized individuals, particularly women. These practices were underpinned by a blend of theological reasoning and pre-modern natural law principles, which were used to justify harsh measures to preserve the perceived divine order of society. The natural law theory, rooted in the belief that moral principles are derived from God's eternal law, was interpreted by medieval theologians to condemn witchcraft as a violation of natural harmony and divine will.

However, the association between witchcraft and natural law theory also reveals its limitations when misapplied. Instead of promoting justice and fairness, the era's interpretation of natural law principles often rationalized coercion and systemic persecution. This misuse highlights a tension between the aspirational ideals of natural law—justice and the common good—and its historical implementation, which at times reflected societal prejudices rather than universal truths.

The legacy of Summis desiderantes affectibus thus serves as a cautionary example of how appeals to divine and natural law can be manipulated to enforce moral panic and oppression, rather than genuine justice.

The U.S. Court of Appeals for the D.C. Circuit is set to hear West Virginia v. EPA on December 6, focusing on challenges to Biden administration emissions standards for coal-fired power plants. The case centers on whether the Environmental Protection Agency (EPA) can mandate carbon capture and sequestration (CCS) technology under the Clean Air Act, a requirement contested by Republican-led states and industry groups as unproven and impractical. Opponents argue the rule is designed to phase out coal plants prematurely.

Oral arguments will primarily address the feasibility of CCS, with additional discussions on natural gas co-firing, federalism, and the "major questions" doctrine. Although the Supreme Court recently declined to freeze the rule, the regulation is expected to face setbacks when the Trump administration returns in 2025, as incoming officials could pause or repeal the standards.

The case has drawn significant attention due to its implications for federal climate authority and power sector regulation, with observers watching for signals from the court on the EPA's justification of CCS. Industry groups have already lobbied for a quick repeal, while legal experts predict the litigation will be delayed under new political leadership.

EPA to Fight Industry, States Over Power Plant Rules on Thin Ice

The Supreme Court appears poised to uphold state bans on gender-affirming care for minors, signaling support for laws like Tennessee’s, which prohibit puberty blockers, hormone therapy, and surgeries for individuals under 18. During arguments in United States v. Skrmetti, conservative justices expressed skepticism about claims that such bans violate equal protection rights. Justice Brett Kavanaugh suggested the Constitution does not arbitrate medical debates, while Chief Justice John Roberts noted the court’s lack of expertise in these matters, deferring to state lawmakers.

The court’s liberals sharply criticized this hands-off approach. Justice Sonia Sotomayor pointed out the heightened risks of suicide and addiction for transgender youth denied care, while Justice Ketanji Brown Jackson warned that the state’s arguments could destabilize foundational equal protection rulings. Both justices underscored the challenges of relying on the democratic process to protect minority rights, particularly for groups comprising less than 1% of the population.

Justice Samuel Alito probed whether European countries’ decisions to curtail similar treatments for minors undermined arguments for their necessity, citing the UK’s Cass Review. Alito’s inquiry reflects a striking contradiction in judicial philosophy: while the court claims to merely interpret the Constitution, such references reveal its active role in shaping national policy, effectively constructing new legal norms rather than "discovering" inherent rights.

This case carries immense implications for transgender rights nationwide, with the Court’s ruling, expected by July, likely to affect laws in dozens of states. Critics argue the bans defy established medical guidelines and override parental authority, making the issue a focal point in the nation’s broader cultural and legal battles over LGBTQ+ rights.

Supreme Court Signals Support for Laws Curbing Trans Care (2)

The U.S. Department of Justice (DOJ) has found that the Memphis Police Department engages in systemic discrimination against Black residents and uses excessive force, as detailed in a report following a 17-month investigation. Prompted by the January 2023 death of Tyre Nichols, a Black motorist beaten by Memphis officers, the investigation revealed patterns of unlawful stops, searches, and arrests, as well as discriminatory treatment of children and individuals with behavioral health disabilities.

While the DOJ acknowledged that some reforms had been implemented, it emphasized that significant changes are still required to protect residents' civil and constitutional rights. Assistant Attorney General Kristen Clarke stated that the community deserves a police department that fosters trust and safety.

City officials have yet to agree to negotiate reforms with the DOJ. Memphis City Attorney Tannera Gibson argued that the report’s relatively short investigation period suggests a "rush to judgment." The city has not committed to a consent decree, a common tool for enforcing systemic reforms under independent oversight.

The investigation follows federal trials of former officers involved in Nichols' death. Three officers were recently convicted of witness tampering, while others pleaded guilty to federal charges. A state murder trial for three of the officers is scheduled for April. Federal officials plan to engage with Memphis residents to address the report’s findings and potential remedies.

Memphis police discriminate against Black people, US DOJ finds | Reuters

U.S. law firms are entering 2025 with optimism, driven by strong financial performance in 2024 and anticipated growth in key practice areas. According to a report by Citigroup’s Citi Global Wealth at Work Law Firm Group and Hildebrandt Consulting, revenue rose by an average of 11.9% in 2024, fueled by increased demand and higher billing rates. Firms are well-positioned for continued success, particularly in areas like litigation, regulatory work, antitrust, private equity, and M&A, as interest rates ease and transactional activity rebounds.

Key industries for expansion include technology, healthcare, life sciences, and energy, with firms expecting to invest further in U.S. hubs like New York, Washington, D.C., Texas, and Northern California. Internationally, London, Singapore, and the UAE are poised for growth, while less-profitable markets such as China have seen office closures.

Generative AI is viewed as a transformative opportunity, with firms optimistic about its impact on legal services. However, questions remain about how to integrate AI cost-effectively and train junior lawyers as traditional tasks are automated. Current spending on AI has been minimal but is expected to rise substantially as firms adapt.

Despite this positive outlook, challenges such as talent retention, geopolitical tensions, and macroeconomic pressures remain concerns. Nonetheless, law firms are confident in their ability to navigate these obstacles while leveraging AI and market opportunities for future growth.

US law firms eye 2025 with optimism, report says | Reuters

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