In its ongoing appeal against Epic Games over App Store rules, Apple has decided to cite a recent U.S.Supreme Court decision on President Trump’s birthright citizenship directive.Here are the details.
In a new filing submitted to the Ninth Circuit Court of Appeals this week (via ), Apple argues that a June Supreme Court decision in Trump v.CASA directly supports its effort to overturn two injunctions issued in its long-running antitrust case against Epic Games.Apple’s argument is the following: since the Supreme Court found in the Trump v.
CASA case that federal judges do not have “freestanding authority” to issue so-called universal injunctions, the district court overstepped its authority when it extended App Store-related remedies to every developer in the U.S., not just Epic.From Apple’s filing: In a nutshell, Apple argues that because Epic chose to pursue the case on its own, the court’s decision should apply only to Epic.And based on the Supreme Court’s ruling in the Trump case, Apple says the court lacked the authority to extend its injunction that broadly.
In the new filing, Apple also doubled down on its earlier argument that the court had expanded remedies between the first and second injunctions, when it issued a new “zero-commission” injunction, barring it from collecting any fee on external transactions.That, Apple argues, went beyond the scope of the original order.Apple is now asking the appeals court to vacate the second injunction entirely, and to order the district court to reconsider the first one in light of the CASA decision.
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