News & Analysis as of

Constitutional Challenges State and Local Government Corporate Counsel

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

Morrison & Foerster LLP - Class Dismissed

A New Era of Climate Accountability: State Climate Superfund Laws Gain Momentum

As climate adaptation and mitigation costs escalate, a wave of state climate superfund legislation is emerging across the United States. This novel approach to climate accountability, pioneered by Vermont and New York,...more

Mintz

California Climate Disclosure Laws Survive Significant Challenge

Mintz on

Judge Wright (C.D. Cal.) has significantly narrowed the Chamber of Commerce's lawsuit challenging California's climate disclosure laws. (These disclosure laws mandate disclosure of Scope 1, Scope 2, and Scope 3 greenhouse...more

Fenwick & West LLP

California Court Finds California Board Diversity Law Unconstitutional

Fenwick & West LLP on

On April 1, 2022, the Superior Court of California, County of Los Angeles granted the plaintiffs’ motion for summary judgment in a case challenging the legality of AB 979 under the California Constitution...more

Seyfarth Shaw LLP

Recent Federal Court Decision Upholds the Constitutionality of NYC Pandemic-Related Legislation Affecting Commercial Leases

Seyfarth Shaw LLP on

The United States District Court for the Southern District of New York recently found that three laws enacted by the City of New York in response to the COVID-19 pandemic were constitutional, and dismissed a challenge to the...more

Sheppard Mullin Richter & Hampton LLP

SCOTUS to Consider Whether California Unconstitutionally “Takes” Private Property When It Compels Agricultural Employers to Grant...

When it comes to whether unions have a right to enter an employer’s premises over the employer’s objections, California’s law is the polar opposite of the National Labor Relations Act (NLRA) and the law in most other states....more

Ballard Spahr LLP

Pennsylvania Supreme Court Weighs In: COVID-19 Shutdown Is Not an Unconstitutional Taking

Ballard Spahr LLP on

On Monday, in Friends of Danny DeVito v. Wolf, a divided Pennsylvania Supreme Court rejected a constitutional challenge to Governor Tom Wolf’s executive order closing non-life sustaining businesses. ...more

Kilpatrick

A Range Of State Responses After Wayfair

Kilpatrick on

Several weeks have passed since the United States Supreme Court decided South Dakota v. Wayfair Inc. Many states have already issued administrative guidance in response to the decision. Other states have announced that they...more

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