DOJ Challenges Civil Contempt Standard
The Justice Department’s filing focuses on when a party can be held in civil contempt for allegedly violating an injunction.
The government argues that civil contempt should be appropriate only when the defendant’s conduct is clearly covered by the express terms of the injunction, reasonably interpreted in context.
The DOJ also points to the “fair ground of doubt” standard, arguing that contempt should not be imposed when there is genuine uncertainty over whether the conduct violated a court order.
The government is asking the Supreme Court to clarify how lower courts should apply this standard.
Apple and Epic Games Legal Dispute
Epic Games sued Apple in 2020, alleging that Apple’s control over App Store transactions violated antitrust law.
The case resulted in an injunction requiring changes to certain Apple App Store practices. Epic later accused Apple of violating that order after Apple introduced a 27% commission on certain off-app purchases.
The lower court subsequently found Apple in civil contempt in April 2025.
Apple has denied violating the injunction and appealed the contempt ruling to the Supreme Court.
DOJ Takes Different Positions on the Dispute
The Justice Department is not simply supporting Apple in the case.
Regarding Apple’s 27% commission on certain off-app purchases, the DOJ says there is a fair ground of doubt about whether that conduct violated the injunction.
The government takes a different position on the requirement involving buttons and links. According to the DOJ’s analysis, the injunction expressly required Apple to allow both “buttons” and “links,” making that issue different from the commission dispute.
The government therefore asks the Supreme Court to apply the relevant contempt standard to the separate issues rather than treating the entire dispute in the same way.
Supreme Court to Consider Apple’s Appeal
The Supreme Court agreed in June 2026 to hear Apple’s challenge to the contempt ruling. The case is listed as Apple Inc. v. Epic Games Inc., No. 25-1311.
The Supreme Court docket shows that Apple filed its opening merits brief on September 14, 2026, followed by the United States’ amicus brief on September 21.
The case remains pending before the Supreme Court.
The DOJ filing makes clear that the United States is participating as an amicus and is supporting neither Apple nor Epic Games overall. Its arguments instead focus on how courts should determine whether conduct clearly violates an injunction and when civil contempt is appropriate.