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Injunctions Separation of Powers Constitutional Challenges

Blank Rome LLP

Court of Appeals Rules That President Lacks Authority for Broad Tariffs

Blank Rome LLP on

On August 29, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) ruled that the President cannot impose broad tariffs of unlimited duration using the International Emergency Economic Powers Act (“IEEPA”)....more

Fox Rothschild LLP

5th Circuit Decision Could Encourage Employers to File Lawsuits to Escape NLRB Trials

Fox Rothschild LLP on

Last week, the U.S. Court of Appeals for the Fifth Circuit said the structure of the National Labor Relations Board (NLRB) is likely unconstitutional and enjoined the agency from conducting trials of unfair labor practice...more

Sheppard Mullin Richter & Hampton LLP

D.C. Circuit Clears Path for CFPB Layoffs

On August 15, the U.S. Court of Appeals for the D.C. Circuit reversed a lower court decision that had temporarily blocked mass layoffs at the CFPB. The case arose after the National Treasury Employees Union (NTEU) challenged...more

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

Fifth Circuit Decision on NLRB ALJs Raises Constitutional Questions for OSHRC Removal Protections

The Fifth Circuit Court of Appeals’ August 2025 decision that addressed the constitutionality of dual for-cause removal protections for administrative law judges (ALJs) at the National Labor Relations Board (NLRB) has...more

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