Law360 Quotes John Elwood on the U.S. Supreme Court's 2025–2026 Term

John Elwood, head of Arnold & Porter’s Appellate & Supreme Court practice, was quoted in the Law360 article, "Circuit-By-Circuit Guide To The US Supreme Court's Term," analyzing how the federal courts of appeals fared during the U.S. Supreme Court's recently concluded term.

Commenting on the Court's review of decisions from the U.S. Court of Appeals for the D.C. Circuit, John observed that the appellate court appropriately applied then-existing Supreme Court precedent in Trump v. Slaughter, which involved the President's authority to remove Federal Trade Commission commissioners. "Humphrey's Executor involved that very agency, the FTC, so they did what they were supposed to do, and the Supreme Court changed the law," he said. "So [you] can't fault them for that reversal."

John also discussed the Supreme Court's decision involving the Federal Communications Commission's penalty authority, explaining that although the Court reversed the Fifth Circuit, the outcome reflected significant concessions made by the U.S. solicitor general during the litigation. "The way that the solicitor general was able to eke out a win in the Supreme Court was by basically saying that the FCC's action didn't mean anything," John said.

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