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Constitutional Challenges Supreme Court of the United States

Venable LLP

Enduring Delegations - Supreme Court Rejects Nondelegation Challenges to the FCC’s Administration of the Universal Service Fund in...

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The nondelegation doctrine prevents Congress from giving away too much of its legislative power to other entities. After a strong showing in 1935, the nondelegation doctrine has remained dormant, with the Supreme Court...more

Seyfarth Shaw LLP

The Week in Weed: August 2025

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, the Supreme Court will considering hearing a case involving guns and cannabis....more

Nossaman LLP

Sheetz Loses Again: Legislatively Enacted Fees Satisfy Nolan/Dollan

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In 2024, in what was heralded as a big win for developers in California, the U.S. Supreme Court upended decades of California precedent and held that legislatively enacted development impact fees must satisfy the “essential...more

Stevens & Lee

The Administrative State, a Three-Legged Stool, the Supreme Court and FCC v. Consumers’ Research

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The U.S. Supreme Court recently handed down its decision in Federal Communications Commission v. Consumers’ Research, a case involving the question whether Congress’s delegation of authority to the FCC to implement provisions...more

Morrison & Foerster LLP

Supreme Court Lets CPSC Firings Stand—For Now

Capping off two months of legal drama, the Supreme Court has stayed the ruling of U.S. District Judge Matthew J. Maddox, which ordered the immediate reinstatement of the three U.S. Consumer Product Safety Commission (CPSC)...more

A&O Shearman

Pharma company challenges the US False Claims Act: what’s at stake for whistleblowers and government enforcement?

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A pharmaceutical company is currently appealing a record USD1.6 billion judgment in the US, arguing that a key part of the US False Claims Act (FCA) is unconstitutional. This case, now before the Court of Appeals for the...more

A&O Shearman

Pharma Company Brings Latest Constitutional Challenge To False Claims Act In Third Circuit

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On April 29, 2025, a pharmaceutical company filed the latest constitutional challenge to the qui tam provision of the False Claims Act (“FCA”) when it appealed in the United States Court of Appeals for the Third Circuit a...more

Harris Beach Murtha PLLC

Developments in Birthright Citizenship Under the Trump Administration

A great deal has happened on the subject of birthright citizenship under President Trump, including an Executive Order redefining parts of the long-standing meaning of birthright citizenship. As courts around the country...more

Stevens & Lee

Another Step Toward Overruling Humphrey’s Executor and Granting Plenary Presidential Removal Authority

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Recently, the Supreme Court in a case involving President Trump’s without cause firing of the Democratic Commissioners on the Consumer Products Safety Commission stayed an order that had been issued by the U.S. District Court...more

Shook, Hardy & Bacon L.L.P.

Proposition 12 in the Crosshairs—Again: With Cert Denied in IPPA and a New Federal Lawsuit Filed, the Legal Battle Continues

It has been just over a year since the U.S. Supreme Court rebuffed a challenge to California’s controversial Proposition 12, which prohibits the sale of certain meat products within the state unless the animals were raised...more

Husch Blackwell LLP

Will Trump v. CASA Lead to Increased State AG Multistate Investigations and Litigation?

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On June 27, 2025, in its long-anticipated decision in Trump v. CASA, Inc., the U.S. Supreme Court significantly narrowed the ability of a single federal court to issue “universal” or “nationwide” injunctions—through which...more

Steptoe & Johnson PLLC

The NLRB Stalemate: What’s Next for the NLRB and Wilcox?

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The National Labor Relations Board (NLRB) has been in a stalemate, as it requires a three-person quorum to issue decisions but currently has only two board members. The situation remains in flux due to President Donald...more

Fisher Phillips

SCOTUS Allows Enforcement of ACA’s Preventive-Care Mandates But Opens Door for Political Influence: Key Points for Group Health...

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The federal government may continue to enforce the Affordable Care Act’s preventive-care mandates, thanks to the Supreme Court’s recent decision in Kennedy v. Braidwood Management. In a 6-3 bipartisan opinion written by...more

Robinson+Cole Data Privacy + Security Insider

Purl v HHS: Resetting the Reproductive Health Privacy Landscape

Reproductive health privacy is once again in the legal spotlight with a recent federal district court decision that struck down nearly all of a recent rule under the Health Insurance Portability and Accountability Act (HIPAA)...more

Ballard Spahr LLP

Federal Judge rules that firing of Rebecca Slaughter as FTC Commissioner was illegal

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A federal judge has ruled that the President Trump violated federal law when he fired Rebecca Slaughter, a Democrat, as a member of the FTC....more

Ballard Spahr LLP

Supreme Court allows Education Department to fire employees; Is CFPB Staff Next?

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In another case that may not augur well for the CFPB staff, the Supreme Court is allowing the Trump Administration to continue dismantling the Education Department, lifting a court order that had required the rehiring of as...more

McAfee & Taft

Gavel to Gavel: Officers working on tribal land may be immune to claims

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The actual authority of certain law enforcement officers is sometimes unclear in today’s climate. The most obvious example in the news today is the authority and identity of Immigration and Customs Enforcement (“ICE”) agents...more

Morrison & Foerster LLP

From Fired to Rehired: CPSC Chaos Reaches Supreme Court

The fired U.S. Consumer Product Safety Commission (CPSC) Democrats are back in their seats and stirring the pot, prompting the Trump administration to make an emergency plea to the Supreme Court for relief. What started as...more

Fisher Phillips

SCOTUS to Determine Whether States Can Ban Transgender Athletes From Women’s Sports – What Your School Needs to Know

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The Supreme Court will soon decide whether states can ban transgender high school and college athletes from participating on female sports teams at their schools. After initially declining to review this issue in 2023 and...more

Holland & Knight LLP

Podcast - Diamond Alternative Energy, LLC v. EPA: The Intersection of Constitutional and Environmental Law

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In this episode of our "An Energized Exchange" podcast series, presented by the Energy & Natural Resources Industry Sector Group, attorneys Zach Pilchen, Brian Bunger and Rafe Petersen discuss the U.S. Supreme Court's...more

Montgomery McCracken

Supreme Court to Decide Legality of Trans-Athlete Bans

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As the Supreme Court Prepares to Decide the Legality of Trans-Athlete Bans, Schools Must Ready Themselves for Far-Reaching Precedent Addressing “On the Basis of Sex” On July 3, 2025, the Supreme Court granted certiorari in...more

Jackson Lewis P.C.

Federal Judge Blocks Implementation of EO on Birthright Citizenship in Class Action Case

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A federal district court in New Hampshire granted certification to a nationwide class and issued a preliminary injunction (PI) on July 10 that prevents the U.S. government from implementing Executive Order 14160. EO 14160...more

Constangy, Brooks, Smith & Prophete, LLP

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

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

Womble Bond Dickinson

United States Supreme Court Administrative Law Decisions of Note During the 2024-2025 Term

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In this update, we cover the most impactful Supreme Court cases related to administrative law issues decided during the 2024-2025 term. The Supreme Court decided important administrative law cases falling into these general...more

Ballard Spahr LLP

Federal Court issues order granting universal injunction to a provisionally certified class in new birthright citizenship lawsuit

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In the aftermath of the Supreme Court’s ruling on June 27 invalidating universal injunctions as the remedy imposed by three federal district courts that had determined that President Trump’s Executive Order limiting...more

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