The Supreme Court has convened for its October session only to tell Apple that it and Epic would be making their arguments heard in 2027 while battles in the lower courts continue.
Apple can't seem to catch a break as the Supreme Court pushes the timeline back further for potentially rendering Epic's remaining case moot. The argument being made to the Supreme Court deals with the lower court's ability to declare something a violation in the "spirit" of the law.
According to a note posted to the Supreme Court's website, first spotted by 9to5Mac, the Supreme Court will hear Apple and Epic's arguments on January 11, 2027. Unlike previous updates, this is a concrete date that at least indicates things are moving forward.
While both companies have repeatedly made their case known in various filings, this will be their chance to have it placed in the official record in front of the court. There is no telling whether or not the Supreme Court will render judgement in January or push that off to a later session in 2027.
After a lengthy Apple vs Epic trial, Epic lost on nearly every count except one forcing Apple to end its anti-steering practices. The court then found Apple in violation of this order, and Apple has been battling the decision ever since.
Apple challenged the injunction violation on two counts — that a violation must be found based on the letter of the law, not the spirit, and that the CASA case would limit the scope of the court's ability to render an injunction. The Supreme Court tossed the CASA argument, but will be hearing Apple's case on the injunction violation basis.
Repeated filings and amicus briefs have argued that the Supreme Court must overturn the decision, as every other court except the Ninth Circuit bases its decisions on the letter of the law. Apple's order to end anti-steering didn't mention how it should handle commissions, yet the court argued that Apple's implementation of fees violated the injunction's spirit.
There is no telling how the Supreme Court will rule, or when.
