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Constitutional Challenges › Article II › Government Agencies

Constangy, Brooks, Smith & Prophete, LLP

Out again: Supreme Court pauses reinstatement of ex-NLRB Member Wilcox, one other former official

Constangy, Brooks, Smith & Prophete, LLP on

The U.S. Supreme Court on May 22 stayed the reinstatement of Gwynne Wilcox, a former member of the National Labor Relations Board, and Cathy Harris, a former member of the Merit Systems Protection Board. Both women were...more

Stevens & Lee

Has Humphrey’s Executor Been Effectively Overruled on the Supreme Court’s Emergency Docket with Impact on the FTC?

Stevens & Lee on

The Supreme Court last week granted the stay requested by the Government enjoining the enforcement of the U.S. District Court for the District of Columbia’s orders involving President Trump’s firing of members of the National...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

D.C. Circuit Rules Trump Can Remove Independent Agency Members Without Cause

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On March 28, 2025, the U.S. Court of Appeals for the District of Columbia Circuit ruled that President Donald Trump likely has the authority to remove National Labor Relations Board (NLRB) member Gwynne Wilcox and Merit...more

Lathrop GPM

Executive Orders, Actions, Agency Regulations, and Congressional Legislation - How They Differ and Why It Matters

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President Trump issued more than 70 Executive Orders in the first 30 days of his new administration – nearly twice the amount his closest competitor (President Biden) issued in his first 100 days. These Executive Orders have...more

Davis Wright Tremaine LLP

New Administration Outlook: A New and Demanding Process of Regulatory Analysis and Reduction – Asserting the Unitary Executive...

Davis Wright Tremaine LLP on

Trump Administration continues aggressive use of Executive Orders to assert Article II powers. Latest EO will require one of the most extensive regulatory reviews ever....more

DLA Piper

Executive Order on Federal Agencies

DLA Piper on

On February 18, 2025, President Donald J. Trump signed an Executive Order (EO), entitled, “Restoring Democracy and Accountability in Government,” which asserts greater authority over all federal agencies, including those...more

Miller Canfield

Is the Chief of IRS Appeals Constitutionally Appointed?

Miller Canfield on

The United States Tax Court skillfully dodged answering the headline question with a holding on standing. The court decided, however, that IRS appeals officers and IRS appeals team managers are not officers of the United...more

Orrick, Herrington & Sutcliffe LLP

DOJ contests court order blocking DOGE’s access to Treasury’s payment systems and records

Orrick, Herrington & Sutcliffe LLP on

On February 9, DOJ filed an emergency motion seeking to dissolve, modify or clarify a temporary restraining order issued by the U.S. SDNY, which prohibited certain political appointees and DOGE members from accessing the...more

Epstein Becker & Green

Navigating Executive Orders: Insights and What Lies Ahead

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On January 20, 2025, a new administration took control of the Executive Branch of the federal government, and it has signaled that it will make aggressive use of executive orders....more

Husch Blackwell LLP

Are the qui tam provisions of the False Claims Act unconstitutional?

Husch Blackwell LLP on

The qui tam provisions of the False Claims Act allow individuals to file suit on behalf of the United States and to receive a share of the resulting financial settlement or judgment. Filing a qui tam case is not just a formal...more

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