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Department of Justice (DOJ) Constitutional Challenges Government Agencies

Troutman Pepper Locke

California AG Faces Legal Challenge Over Hiring Outside Counsel in Climate Lawsuit

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California Attorney General (AG) Rob Bonta faces a legal challenge from a union representing state-employed attorneys over his decision to hire an outside law firm for a high-profile climate lawsuit against major oil...more

Wiley Rein LLP

Federal Judge Blocks NIH Grant Cuts, Rejecting DOJ’s Claims of Unlawful Discrimination

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WHAT: A Massachusetts federal judge blocked the National Institutes of Health (NIH) from cutting hundreds of programs that provide grants to universities, hospitals, and other organizations. The judge found that NIH offered...more

Akin Gump Strauss Hauer & Feld LLP

Reviewing Certain Presidential Actions (Trump EO Tracker)

Orders the Counsel to the President, in consultation with the Attorney General and the head of any other relevant executive department or agency to investigate whether certain individuals conspired to deceive the public about...more

Holtzman Vogel Baran Torchinsky & Josefiak

In-Compliance: Holtzman Vogel's May 2025 Political Law Round-Up

DOJ Declines to Defend Party Coordinated Expenditure Limits Before Supreme Court, Urges Court to Invalidate Limits - On May 19, 2025, the U.S. Department of Justice (DOJ) responded to the petition for writ of certiorari...more

Polsinelli

DOJ Announces Intent to Use False Claims Act To Target Diversity and DEI Initiatives

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At a Glance The Department of Justice (DOJ) will use the False Claims Act (FCA) to investigate and pursue claims against entities that violate federal civil rights laws, including anti-discrimination and equal employment...more

Baker Donelson

DOJ Expands DEI Crackdown with New Civil Rights Fraud Initiative Centered on False Claims Act Enforcement

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In our prior client alert, we examined the growing risk that the Department of Justice (DOJ) would deploy the False Claims Act (FCA) to pursue entities that receive federal funds and operate Diversity, Equity and Inclusion...more

McDermott Will & Emery

Antitrust Under Trump: May 2025 Updates

As the Trump administration’s antitrust landscape continues to develop, companies should stay alert to key changes in merger filing requirements, remedy expectations, agency personnel, and more. The Federal Trade Commission...more

Ballard Spahr LLP

Fourth Circuit Lifts Nationwide Injunction of Executive Orders Addressing DEI Programs

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Departing from a pattern of recent federal district court decisions, the U.S. Court of Appeals for the Fourth Circuit granted the government’s application for stay pending appeal of a nationwide preliminary injunction against...more

Venable LLP

Trump Fires Democratic FTC Commissioners, Setting Up a Direct Challenge to Humphrey’s Executor

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On March 18, President Trump fired the two Democratic commissioners of the Federal Trade Commission (FTC). The removals of Alvaro Bedoya and Rebecca Kelly Slaughter are the latest in a series of executive actions that will...more

Wiley Rein LLP

Fourth Circuit Stays Preliminary Injunction of DEI-Focused Executive Order Provisions

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WHAT: The U.S. Court of Appeals panel has stayed a preliminary injunction that the U.S. District Court for the District of Maryland had issued covering parts of two Executive Orders: EO 14151, “Ending Radical and Wasteful...more

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

Federal Judge Clarifies Scope of Preliminary Injunction Enjoining President Trump’s DEI-Related Executive Orders

On March 10, 2025, a federal judge in Maryland clarified the scope of the nationwide preliminary injunction that enjoins key portions of two of President Donald Trump’s diversity, equity, and inclusion (DEI)–related executive...more

Holland & Hart - Your Trial Message

Help to Protect the Rule of Law

Everyone who works with our court systems, including those who work in civil litigation, are invested in the idea of rule of law. Whether our case has to do with governmental powers or not, whether it involves civil rights or...more

Jenner & Block

Client Alert: Recent Executive Actions on Agency Independence—Not-Quite-Hot Takes for FERC

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In a spate of executive orders and other actions over the last several weeks, the new administration has moved to exert unprecedented control over independent regulatory agencies, including the Federal Energy Regulatory...more

K&L Gates LLP

Trump Administration Asserts Control Over Independent Agencies

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The Trump administration has taken two actions that will dramatically increase White House control over federal commissions, boards, and officials that were previously considered independent. These actions are likely to...more

Cozen O'Connor

Trump Administration DEI Executive Orders Enjoined (For Now)

Cozen O'Connor on

On Friday, February 21, 2025, a federal judge in Baltimore issued a nationwide preliminary injunction (Order) enjoining certain parts of President Trump’s January 20, 2025 Executive Order 14151, Ending Radical and Wasteful...more

Bond Schoeneck & King PLLC

Federal District Court Issues Partial Injunction of DEI Executive Orders

On Feb. 21, 2025, the federal district court for the District of Maryland issued a preliminary injunction partially enjoining two of President Trump’s executive orders: Ending Radical and Wasteful Government DEI Programs and...more

Carlton Fields

Executive Order Making “So-Called Independent Agencies” Directly Responsive to the President Is Another Nail in the Coffin of the...

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On February 18, 2025, the Trump administration issued its most straightforward attack on the discretion of what it described as “so-called independent agencies.” Executive order 14215, titled “Ensuring Accountability for All...more

Morgan Lewis

New Supreme Court FCA Decision Avoids Thorny Claim Questions, Reiterates Interest in Constitutional Challenge

Morgan Lewis on

In its most recent False Claims Act decision, the US Supreme Court opted for a narrow “claim” definition analysis, limiting its impact to those involved in the E-Rate program, but signaled interest in addressing the...more

Davis Wright Tremaine LLP

New Administration Outlook: Court Grants Partial Temporary Restraining Order on Executive Order Halting Foreign Aid

On Thursday, February 13, the U.S. District Court for the District of Columbia issued a partial temporary restraining order in response to lawsuits challenging Executive Order 14169, which paused all congressionally...more

Arnall Golden Gregory LLP

Update on Legal Challenges to President Trump's Presidential Actions

Since President Trump took office on January 20, 2025, he has issued an unprecedented number of presidential actions, including 62 executive orders and numerous declarations, proclamations, announcements, memoranda, grants of...more

Shipman & Goodwin LLP

Federal OMB Funding Freeze and Litigation Primer

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Amid a surge of presidential executive orders since the change in administrations, the federal Office of Management and Budget (OMB) has published a series of documents that have spawned much confusion and litigation. Via...more

Orrick, Herrington & Sutcliffe LLP

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

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

Akin Gump Strauss Hauer & Feld LLP

Protecting Second Amendment Rights (Trump EO Tracker)

Orders an examination of all orders, regulations, guidance, plans, international agreements, and other actions of executive departments and agencies to assess any ongoing infringements of Second Amendment rights. The Attorney...more

McGuireWoods LLP

OMB Rescinds Pause of Federal Financial Assistance, Spending Cuts Still Forthcoming

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On Jan. 27, 2025, the Office of Management and Budget (OMB) issued OMB Memorandum M-25-13, which directed all executive departments and agencies to temporarily pause all Federal financial assistance, including federal grants...more

Husch Blackwell LLP

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

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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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