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Administrative Procedure Act › Fourteenth Amendment › Constitutional Challenges

Constangy, Brooks, Smith & Prophete, LLP

Supreme Court restricts universal injunctions, but plaintiffs find a “workaround”

Constangy, Brooks, Smith & Prophete, LLP on

At the end of its 2024-25 term, the U.S. Supreme Court held in Trump v. CASA, Inc. that federal district courts do not have equity power to issue so-called “universal” (also known as “nationwide”) injunctions. At issue in...more

Polsinelli

Supreme Court Halts Nationwide Injunctions with Major Implications for Ongoing Litigation

Polsinelli on

On June 27, 2025, the U.S. Supreme Court held, in a 6-3 decision in Trump v. Casa, that federal courts lack the authority to issue nationwide injunctions under the Judiciary Act of 1789 (Judiciary Act). In doing so, the Court...more

BCLP

Fifth Circuit Panel Upholds Nasdaq Board Diversity Disclosure Rules

BCLP on

A Fifth Circuit panel recently upheld Nasdaq’s diversity disclosure rules after petitioners challenged them under the First and Fourteenth Amendments and the Administrative Procedure Act (APA). Alliance For Fair Board...more

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