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Carbon dioxide is a heat-trapping gas that contributes to climate change. As concerns over global climate change build, many experts expect the U.S. federal government to put mechanisms in place to reduce carbon dioxide in the atmosphere. "The debate has shifted from whether or not there will be federal regulations, to when it will come," said Fred Wellington, a senior financial analyst at the think tank World Resources Institute. "The smart money understands that climate policy is coming." What is still up in the air is what form regulations will take, and whether state and local efforts to reduce greenhouse gas emissions will be coordinated with any federal policies, Wellington said.

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In August 2005, the Illinois State Legislature enacted the Sexually Explicit Video Game Law ("SEVGL"), which criminalized the sale of "sexually explicit" video games to minors, and required purveyors of such games to conspicuously label any sexually explicit game with a four square inch label reading "18", and provide relevant signage within the stores where games are sold. The Entertainment Software Association, among others, filed suit against the State of Illinois the day after the SEVGL was enacted, claiming that the law violated the First Amendment. The district court permanently enjoined enforcement of the law, and the State of Illinois sought review. On appeal, the Seventh Circuit affirmed the lower court's holding that the statue was not narrowly tailored.