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Explosive cases flow to US Supreme Court from ‘bold’ regional court

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By Andrew Chung

(Reuters) – When three conservative judges sitting on a New Orleans-based U.S. appeals court declared the funding mechanism approved by Congress for the federal consumer financial watchdog agency unconstitutional, they said the nation’s history of separating powers among the branches of government compelled their ruling.

It turns out these judges – all appointed by Republican former President Donald Trump – got the history wrong, the U.S. Supreme Court decided on May 16 in a 7-2 decision authored by conservative Justice Clarence Thomas, saving the Consumer Financial Protection Bureau from an existential threat.

It was one of several far-reaching decisions by the 5th U.S. Circuit Court of Appeals that the Supreme Court has reviewed during its current term, which began in October and is expected to conclude by the end of June.

The Supreme Court, which itself has a 6-3 conservative majority, has yet to issue rulings in most of this term’s highest-profile cases arising from the 5th Circuit, including one on the abortion pill and two on gun rights.

“It speaks to the importance of those cases that they’re getting put off towards the end,” said Adam Feldman, a legal scholar who tracks court data on his Empirical SCOTUS blog. “When you have these polarizing decisions coming out of the 5th Circuit, there’s probably a lot of movement on both sides of the (Supreme Court) to look at those, and so it’s like a fight for those middle votes.”

The Supreme Court is set to issue its next rulings on Thursday and Friday.

The 5th Circuit is one of the 13 federal appellate courts – and perhaps the most conservative of them – that are one step below the Supreme Court. It handles appeals from federal trial courts in the Republican-led states of Louisiana, Mississippi and Texas.

Cases from the 5th Circuit have represented an increasing share of the Supreme Court’s workload in recent years, according to Feldman. It heard 10 cases from the 5th Circuit this term, deciding two thus far, including the CFPB reversal. The only lower court with more cases reviewed, at 12, is the San Francisco-based 9th Circuit, which spans nine western states including California and two U.S. territories.

‘A FAVORABLE FORUM’

The fact that such a panoply of cases covering hot-button issues is coming out of the 5th Circuit is the result of conservative plaintiffs choosing to bring litigation before a court they “perceive as a favorable forum,” according to Adam Unikowsky, a prominent Washington lawyer who has argued frequently before the Supreme Court.

In turn, the 5th Circuit has not been shy about ruling against federal regulations and statutes, including the federal ban on gun possession by people subject to court-issued domestic violence restraining orders.

“There’s a lot of bold litigation being brought in the 5th Circuit, and bold decisions,” Unikowsky said.

Supreme Court justices signaled reservations about 5th Circuit decisions during arguments in some major cases still to be decided, including the one involving domestic violence gun curbs.

Others involved the 5th Circuit backing restrictions on access to the abortion pill and siding with two Republican-led states that accused Democratic President Joe Biden’s administration of violating constitutional free speech protections by urging social media platforms to remove certain posts that federal officials deemed misinformation.

On the other hand, the conservative justices expressed sympathy toward 5th Circuit decisions that faulted U.S. Securities and Exchange Commission in-house adjudications as a violation of the constitutional right to a jury trial and backed a Texas man who challenged a federal ban on “bump stock” devices that make semiautomatic weapons fire rapidly like machine guns.

The Supreme Court rejected several decisions by the 5th Circuit in emergency matters without hearing arguments – halting the sales of homemade “ghost gun” kits, letting U.S. Border Patrol agents remove fencing placed by Texas officials along the Mexican border, and lifting restrictions on Biden administration officials in the social media misinformation case.

THE CHIEF JUSTICE

Some legal experts said that the various reversals and rejections indicate that the Supreme Court will not simply rubber-stamp 5th Circuit’s actions, despite the conservative leanings of both courts. During its 2022-2023 term, the justices heard nine cases from the 5th Circuit, upholding that court’s decisions only twice.

This dynamic may be due in part to conservative Chief Justice John Roberts, who, according to Feldman, does not want the public to view the Supreme Court as one that predictably rules in favor of conservatives.

© Reuters. FILE PHOTO: A general view of the U.S. Supreme Court building in Washington, U.S., June 1, 2024. REUTERS/Will Dunham/File Photo

In a May Reuters/Ipsos poll, 74% of U.S. registered Republican voters expressed a favorable view of the Supreme Court, compared to 21% of Democrats.

“I think (Roberts) is pushing to get some of these diverse coalitions (of justices), to rule narrowly. And in doing that, I don’t think that that’s necessarily great news for some of these aggressive 5th Circuit decisions,” Feldman said.

Stock Markets

SCWO Stock Hits 52-Week Low at $0.71 Amid Market Challenges

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In a challenging market environment, shares of 374Water (SCWO) have touched a 52-week low, dipping to $0.71. The company, with a market capitalization of $104 million, maintains a strong liquidity position with a current ratio of 3.81 and more cash than debt on its balance sheet, according to InvestingPro data. The company, which specializes in water treatment solutions, has seen its stock price struggle significantly over the past year, reflecting a broader trend in the sector. Investors have been cautious, as evidenced by the stock’s 1-year change, which shows a substantial decline of 52.96%. InvestingPro analysis indicates the stock is currently in oversold territory, with 18 additional investment insights available to subscribers. This downturn highlights the volatility faced by environmental technology companies and raises concerns about future performance amidst uncertain market conditions. With a beta of -0.51, the stock typically moves opposite to market direction, potentially offering diversification benefits.

In other recent news, 374Water Inc. has secured approximately $12.2 million through a registered direct offering, involving the sale of common stock and warrants. The cleantech company expects the gross proceeds before fees and expenses to be around the $12.2 million mark, with D. Boral (OTC:) Capital LLC serving as the exclusive placement agent for the offering. The capital infusion is scheduled to be finalized by November 18, 2024, pending customary closing conditions.

In further developments, 374Water has initiated operations of its AirSCWO technology at the Iron Bridge Regional Water Reclamation Facility in Orlando. This marks a significant step in commercial biosolids processing, with the technology designed to efficiently process biosolids and PFAS contaminated wastes. The successful integration of the AirSCWO system into the Iron Bridge facility demonstrates the company’s capacity to destroy persistent organic pollutants, including PFAS.

The Florida Department of Environmental Protection supported the installation with a grant under the Bilateral Infrastructure Law emerging contaminant funding. Notably, CEO Chris Gannon highlighted the operational success in Orlando as crucial for showcasing the technology’s capacity to manage municipal, federal, and industrial organic waste streams at scale. The company anticipates additional commitments across the United States, including a deployment to Orange County Sanitation (CA) in 2025.

This article was generated with the support of AI and reviewed by an editor. For more information see our T&C.

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Global shares and dollar firm in muted pre-Christmas trade

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By Alden Bentley, Samuel Indyk and Rae Wee

NEW YORK/LONDON (Reuters) -Wall Street topped off a global share rally in thin trade on Thursday as markets prepared for early Christmas Eve closes, while the dollar was buoyed by firmer Treasury yields and speculation that the Federal Reserve would slow its easing in 2025.

The was 0.47% higher in late morning trade, the rose 0.73% and the rose 0.99%.

U.S. stock trading wraps up at 1:00 p.m. EDT/1800 GMT, and the bond market closes at 2:00 p.m. Most financial centers around the world are closed on Wednesday for Christmas. The U.S. reopens on Thursday, while many financial centers have a second day off.

“Meagre news and data flow should keep the focus on a more hawkish Fed,” said Ipek Ozkardeskaya, senior analyst at Swissquote Bank.

MSCI’s gauge of stocks across the globe went up more than half a percent. The pan-European index rose 0.18%. 100 rose 0.19% and 40 rose 0.14%. German stocks were closed for the Christmas holiday.

In Asia, Chinese stocks rose after sources told Reuters that Beijing planned to issue a record amount of special treasury bonds next year as it ramps up fiscal stimulus to revive a faltering economy.

The blue-chip index and both ended 1.3% higher. Hong Kong’s advanced 1.1%.

The news came shortly after China’s finance ministry said authorities would ramp up fiscal support for consumption next year by raising pensions and medical insurance subsidies for residents, as well as expanding consumer goods trade-ins.

Still, investors remain cautious on the outlook for the world’s second-largest economy, particularly as it faces the threat of hefty tariffs from U.S. President-elect Donald Trump.

Elsewhere, MSCI’s broadest index of Asia-Pacific shares outside Japan rose 0.37%.

FED FOCUS

Investors are taking direction from last week’s 25 basis point Fed interest rate cut, its signals on the strength of the economy and its slow progress bringing inflation down to its 2% target. Markets are now pricing in about 35 basis points of easing for 2025, implying one quarter-point rate cut and around a 40% chance of a second.

U.S. Treasury yields pared gains after the Treasury saw solid demand for a $70 billion sale of five-year notes, but remained higher on the day. The two-year Treasury yield, which is sensitive to changes in Fed rate expectations, was up 0.9 bp at 4.359%, while the benchmark 10-year yield rose 2.6 bp to 4.625%, reaching a seven-month high at 4.629%. [US/]

“Like markets, the Fed will need to consider U.S. policies on tariffs and immigration in its inflation and growth outlook. We believe the subtle slowing in the U.S. labor market will still be the Fed’s paramount concern,” said analysts at Citi Wealth.

“While always uncertain, our base case expectation for a 3.75% policy rate is unchanged. It’s a far cry from the 1.7% U.S. policy rate average of the past 20 years.”

The Fed’s cut was the third one this cycle, taking the Fed funds rate to 4.25%-4.5%.

Ahead of Trump’s return to the White House in January, global central banks have urged caution over their rate paths due to uncertainty on how his planned tariffs, lower taxes and immigration curbs might affect policy.

Data on Monday showed U.S. consumer confidence unexpectedly weakened in December as the post-election euphoria fizzled and concerns about future business conditions emerged.

In currencies, the rose 0.14% hovering near a two-year high hit Monday, having climbed more than 2% in December so far.

The euro eased 0.15% to $1.0389, while the yen languished near last week’s five-month low, trading at 157.35 per dollar.

Japan’s Finance Minister Katsunobu Kato on Tuesday reiterated Tokyo’s discomfort with excessive foreign exchange moves and put speculators on notice that authorities are ready to act to stabilise a faltering yen.

© Reuters. FILE PHOTO: The German stock exchange is decorated for the Christmas season as the German share price index DAX graph is pictured in Frankfurt, Germany, December 23, 2024.    REUTERS/Staff/File Photo

rose 0.13% to $2,616.26 an ounce, having risen about 27% this year, heading for its biggest yearly gain since 2010.

rose 1.56% to $70.32 a barrel and rose to $73.73 per barrel, up 1.51% on the day. [O/R]

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Wall Street advances in short Christmas Eve session on megacap gains

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By David French

(Reuters) -Wall Street’s main indexes all ended higher on Tuesday, with gains in megacap and growth stocks bolstering benchmarks in a truncated Christmas Eve session.

Both the and the scored four straight sessions of gains. For the Dow, the run follows its 10-session skid earlier this month, its longest losing streak since 1974.

The benchmarks closed higher on the first day of a historically strong period called the “Santa Claus rally.” The on average has gained 1.3% in the last five days of December and first two days of January, according to data from the Stock Trader’s Almanac going back to 1969.

With megacap stocks having outsized influence on markets, their performance is often a key driver of indexes. When coupled with reduced trading volumes and few other catalysts, as many investors take time off for the holidays, this is even more pronounced.

All the so-called Magnificent Seven megacap technology stocks climbed on Tuesday, led by Tesla (NASDAQ:).

The automaker’s rise helped push consumer discretionary shares higher, making them the top gaining sector in the S&P.

Elsewhere, chip manufacturers were also buoyant. Broadcom (NASDAQ:) and Nvidia (NASDAQ:) were up, while Arm Holdings (NASDAQ:) climbed a day after losses from losing a court case.

Growth names rose despite U.S. Treasury interest rates remaining elevated – the benchmark 10-year note yielded around 4.61% on Tuesday. Traditionally, higher debt costs crimp growth stocks.

However, the long-term themes around technology development, including advancements in artificial intelligence, overshadow any near-term moves in Treasuries, said Charlie Ripley, senior investment strategist for Allianz (ETR:) Investment Management.

“This reinforces that view that the sector is going to remain strong, and should be well into the new year,” he said.

According to preliminary data, the S&P 500 gained 64.93 points, or 1.09%, to end at 6,039.00 points, while the Nasdaq Composite gained 264.31 points, or 1.34%, to 20,029.19. The Dow Jones Industrial Average rose 366.75 points, or 0.85%, to 43,273.70.

Stock markets shut at 1:00 p.m. ET on Tuesday and will be closed for Christmas on Wednesday.

After a stellar run to record highs following the November election, which sparked hopes of pro-business policies under U.S. President-elect Donald Trump, Wall Street’s rally hit a bump this month as investors grappled with the prospect of higher interest rates in 2025.

The U.S. Federal Reserve eased borrowing costs for the third time this year last Wednesday, but signaled only two more 25-basis-point reductions next year, down from its September projection of four cuts, as policymakers weigh the possibility of Trump’s policies stoking inflation.

Allianz’s Ripley said the themes which had driven the market higher in the past two months remained intact, and actions by the Fed had not killed the rally.

“Heading into 2025, things are set up with good positioning,” he said, noting factors including economic outlook, consumption in the U.S. and the labor market.

© Reuters. FILE PHOTO: A Christmas tree is seen outside of the New York Stock Exchange (NYSE) at Wall St and Broad St. in New York City, U.S., December 13, 2023.  REUTERS/Brendan McDermid/File Photo

Crypto-related stocks traded higher on Tuesday, including Microstrategy (NASDAQ:), Riot Platforms (NASDAQ:), and MARA Holdings, as the price of bitcoin advanced.

NeueHealth soared after the healthcare provider said New Enterprise Associates, its largest shareholder, and a group of existing investors will take the company private in a $1.3 billion deal.

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