News & Analysis as of

Executive Powers Constitutional Challenges Separation of Powers

Constangy, Brooks, Smith & Prophete, LLP

Bad news for Wilcox? Removal protections for NLRB members, ALJs are “likely” unconstitutional, appeals court finds

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has upheld three orders that bar the National Labor Relations Board from pursuing unfair labor practice cases against SpaceX and two other employers. ...more

Carlton Fields

The Hits Keep Coming for FINRA, Closing Out a Brutal Summer

Carlton Fields on

It’s not just the New York Yankees that wish they could put the summer behind them. We previously wrote about the shocking blow the D.C. Circuit Court of Appeals dealt FINRA in early July by enjoining the self-regulatory...more

Ballard Spahr LLP

New Challenges to PA Governor’s COVID-19 Emergency Authority

Ballard Spahr LLP on

Private citizens have separately challenged Governor Tom Wolf’s COVID-19 executive orders as unconstitutional takings in federal district court and in the Pennsylvania Supreme Court. Learn more about those cases here: Friends...more

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