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Constitutional Law Updates

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:
Alston & Bird

Federal Circuit Decision on IEEPA Tariffs Appealed to Supreme Court

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On September 3, 2025, the U.S. government filed a petition for a writ of certiorari requesting that the Supreme Court review on an expedited basis the 7-4 decision of the U.S. Court of Appeals for the Federal Circuit, which...more

Husch Blackwell LLP

Challenge to Minnesota Captive Audience Law Dismissed

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Captive audience meetings are employer sponsored meetings where the employer requires employees to attend and listen to the employer position concerning a union organizing effort. The meeting is intended to dissuade workers...more

ArentFox Schiff

Federal Court Blocks Prop 65 Warning for Titanium Dioxide in Cosmetics

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In an order filed on August 12, the US District Court for the Eastern District of California ruled that California’s Proposition 65 cancer warning requirement for certain listed forms of titanium dioxide (airborne, unbound...more

Phelps Dunbar

Fifth Circuit Finds NLRB’s Multilayer Removal Protections for Board Members and Administrative Law Judges Are Likely...

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On August 19, the U.S. Court of Appeals for the Fifth Circuit affirmed federal district court preliminary injunctions halting Unfair Labor Practice (ULP) proceedings before the National Labor Relations Board (NLRB). ...more

Venable LLP

Defamation on the Rise and Anti-SLAPP Protections at Risk: Lee Brenner and David Fink Featured in The Recorder

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In a recent interview with The Recorder, Venable partners Lee Brenner and David Fink, based in Los Angeles, weighed in on two major developments shaping today’s defamation litigation landscape: the sharp increase in...more

Genova Burns LLC

Fifth Circuit Panel Finds Unconstitutional Removal Protections Favoring NLRB Members And ALJs

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On August 19, 2025, a three-judge panel of the Fifth Circuit Court of Appeals ruled in a long-anticipated opinion that the NLRA’s protections for Board Members and Administrative Law Judges from presidential removal are...more

Vinson & Elkins LLP

Texas Hold ‘Em: New Law Requires Proxy Advisors to Show Their Cards if “Nonpecuniary” Factors Guide Voting Recommendations -...

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On June 20, 2025, Texas Governor Greg Abbott signed Senate Bill 2337 (“SB 2337”), a novel regulation that will require significant disclosure obligations for proxy advisors, such as ISS and Glass Lewis, for their voting...more

Jenner & Block

Client Alert: Federal Circuit Affirms Invalidation of Trump's IEEPA Tariffs—Tariffs Remain in Effect Pending Supreme Court Review

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In a highly anticipated decision released last week, the en banc US Court of Appeals for the Federal Circuit dealt a blow to President Trump’s tariff agenda. The Federal Circuit’s ruling came down in a consolidated appeal of...more

Bradley Arant Boult Cummings LLP

Dark Skies for Small Businesses Caught in Social Media Net

A new Mississippi law, known as the Walker Montgomery Protecting Children Online Act, has prompted several companies to block Mississippi IP addresses from accessing their platforms. In fact, social media company Bluesky...more

Littler

Ninth Circuit Upholds Ruling that Termination of TPS for Venezuelans is Unlawful

Littler on

On August 29, 2025, the U.S. Court of Appeals for the Ninth Circuit upheld the lower court’s ruling postponing U.S. Department of Homeland Security Secretary Kristi Noem’s Notices of Vacatur and Termination of Temporary...more

Perkins Coie

Federal Circuit: “Reciprocal” and “Trafficking” Tariffs Unlawful

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Two key Trump administration tariff measures were ruled unlawful by the U.S. Court of Appeals for the Federal Circuit in V.O.S. Selections, et al. v. Trump (Fed. Cir. Case No. 25-1812) on August 29, 2025. This marks the first...more

Nelson Mullins Riley & Scarborough LLP

Federal Court Permits FTC Administrative Action Against Dealer Group to Continue—At Least for Now

A Texas federal court recently declined to enjoin an administrative action brought by the Federal Trade Commission (“FTC”) against Asbury Automotive Group (“Asbury”), one of the largest automobile dealer groups in the United...more

Pillsbury - Bid Protest Debrief

No Bid, No Protest: Federal Circuit Court Clarifies “Interested Party” in Major Standing Decision

In Percipient.ai, Inc. v. United States, U.S. Court of Appeals for the Federal Circuit, No. 2023-1970 (Decided Aug. 28, 2025), Percipient.ai challenged a task order award by the National Geospatial-Intelligence Agency (NGA),...more

Ballard Spahr LLP

Federal Appeals Court rules that Trump illegally fired FTC board member, orders her reinstatement

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A divided federal appeals court has ruled that President Trump illegally fired Democratic FTC member Rebecca Slaughter and has ordered that she be reinstated to her position....more

Pillsbury - Gravel2Gavel Construction & Real...

Federal Court Halts Enforcement of Texas SB 2337 Regarding Proxy Advisor Disclosure of ESG or Other “Nonfinancial” Considerations

Enacted earlier this year and scheduled to take effect September 1, SB 2337 would impose new disclosure obligations on proxy advisory firms issuing recommendations regarding Texas-based public companies, including a...more

Kerr Russell

Sixth Circuit Upholds Rental Inspection Ordinances: No Fourth Amendment Violation in Conditioning Licenses on Warrantless...

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Whether you are a residential rental property owner or a tenant, odds are at some point you are going to encounter a rental inspection ordinance. Following the housing market crash in 2008, rental inspection ordinances grew...more

Troutman Pepper Locke

CFPB Industry Impact Uncertain Amid Priority Shift, Staff Cuts

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On April 16, the Consumer Financial Protection Bureau released a memo to staff outlining its new supervision and enforcement priorities for 2025. These priorities appear to be intended to reverse some of the more prominent...more

Greenberg Glusker LLP

Sparkle Without Warnings: Federal Court Strikes Down Prop 65 Titanium Dioxide Cancer Warnings in Cosmetics:

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On August 11, 2025, the U.S. District Court for the Eastern District of California issued a significant ruling in Personal Care Products Council v. Bonta, striking down California’s Proposition 65 (“Prop 65”) cancer warning...more

BakerHostetler

Whither Goes the NLRB? Recent Fifth Circuit Decision Portends Potential Meteoric Change in Labor Law

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In what may prove to be a watershed decision for the National Labor Relations Board (NLRB or the Board), the United States Court of Appeals for the Fifth Circuit, in Space Exploration Technologies Corporation v. National...more

Blank Rome LLP

Court of Appeals Rules That President Lacks Authority for Broad Tariffs

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On August 29, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) ruled that the President cannot impose broad tariffs of unlimited duration using the International Emergency Economic Powers Act (“IEEPA”)....more

Bradley Arant Boult Cummings LLP

Earmuffs, Kids: The Federal Circuit Delivers the F-bomb Right Back to the TTAB

The Federal Circuit’s recent precedential decision in In re Erik Brunetti has surely raised some eyebrows in the trademark community (and beyond), not just for its subject matter (the attempted registration of a certain...more

Sands Anderson PC

When Punishment Outpaces Justice: Proportionality and Punitive Damages

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How much is “too much” when it comes to punishment? From Virginia courts to the U.S. Supreme Court, judges have wrestled with punitive damages and the fine line between deterrence and excess. This article walks through...more

Sheppard Mullin Richter & Hampton LLP

Federal Court Blocks Enforcement of Texas Proxy Advisor Disclosure Law

Following up on our recent post analyzing Texas’s new proxy advisor disclosure statute, S.B. 2337, we note a significant development: On August 29, 2025, Judge Alan Albright of the United States District Court for the Western...more

BCLP

Federal Circuit Affirms IEEPA Tariffs' Invalidation But Questions Persist as to Future Injunctive and Monetary Relief for...

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At summer’s start, the U.S. Court of International Trade (“CIT”) made headlines with a landmark decision invalidating the Trump Administration’s imposition of tariffs on nearly all imported goods from nearly all U.S. trading...more

Axinn, Veltrop & Harkrider LLP

D.C. Circuit Allows FTC Commissioner Slaughter to Be Reinstated, but the Supreme Court May Soon Decide Otherwise

Yesterday, the D.C. Circuit issued the latest decision in the saga over President Trump’s firing of the Democratic Federal Trade Commission (FTC) Commissioners. That decision sets the stage for a likely emergency application...more

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