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Judicial Authority Administrative Procedure Act Constitutional Challenges

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

Polsinelli

Supreme Court Halts Nationwide Injunctions with Major Implications for Ongoing Litigation

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On June 27, 2025, the U.S. Supreme Court held, in a 6-3 decision in Trump v. Casa, that federal courts lack the authority to issue nationwide injunctions under the Judiciary Act of 1789 (Judiciary Act). In doing so, the Court...more

King & Spalding

Texas Court Overturns Biden Administration’s Expansion of Abortion Privacy

King & Spalding on

On June 18, 2025, Judge Matthew Kacsmaryk of the Northern District of Texas vacated the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to Support Reproductive Health Care Privacy (the Rule). The...more

McGuireWoods LLP

Supreme Court Ends Use of Universal Injunctions

McGuireWoods LLP on

On June 27, 2025, in a 6-3 opinion by Justice Amy Coney Barrett, the U.S. Supreme Court held in Trump v. CASA, Inc., No. 24A884, 606 U.S. ___ (2025), that federal courts lack the power to issue “universal injunctions,” a...more

Ward and Smith, P.A.

Supreme Court Limits Scope of Nationwide Injunctions—Is Nationwide Vacatur Next?

Ward and Smith, P.A. on

In Trump v. CASA, the Supreme Court significantly narrowed federal courts’ power to issue “universal” or “nationwide” injunctions—broad orders that bar the government from enforcing a policy against anyone, not just the...more

Jackson Lewis P.C.

How a Texas Federal District Court Changed the HIPAA Reproductive Health Privacy Rule, But SCOTUS Decision May Say Not So Fast

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Explained in more detail below, under the recent vacatur of most of the HIPAA Privacy Rule to Support Reproductive Health Care Privacy (the “Reproductive Health Rule”): • The broad prohibitions on disclosing protected...more

Holland & Hart LLP

Supreme Court Clarifies Path for Nuclear License Challenges and NRC Authority

Holland & Hart LLP on

The Supreme Court’s decision in NRC v. Texas gives nuclear energy generators and storage facilities, as well as NRC, the latest win in the decades-long struggle over used-fuel storage....more

Husch Blackwell LLP

Court Orders Reinstatement of CPSC Commissioners After Unlawful Firing by the Trump Administration

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On Friday, Judge Matthew J. Maddox of the U.S. District Court for the District of Maryland ruled that the removal of Democratic Commissioners from the Consumer Product Safety Commission (“CPSC”) without cause was unlawful....more

Bradley Arant Boult Cummings LLP

Alabama Cannabis Court Faces Dilemma: To Treat Applicants Fairly or Equally?

“Equal is not fair, and fair is not equal. Equal is obtainable but fair is not.” The Montgomery County Circuit Court overseeing the launch of Alabama’s medical cannabis program has an interesting dilemma on its hands. It...more

Shumaker, Loop & Kendrick, LLP

Client Alert: The Supreme Court Declines to Address Challenges to FINRA Enforcement Proceedings, and FINRA Proposes Rules to Avoid...

On June 2, 2025, the Supreme Court denied the petition for writ of certiorari filed by Alpine Securities Corporation in Alpine Securities Corp. v. Financial Industry Regulatory Authority. Interestingly, on the same day, the...more

Verrill

When ‘Independent Judgment’ Meets Presidential Fiat: The ALJ Dilemma

Verrill on

On February 18, 2025, President Trump issued Executive Order 14215 “Ensuring Accountability for All Agencies,” Section 7 of which provides that: “[t]he President and the Attorney General’s opinions on questions of law are...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court Sides with Trump Regarding Removal of NLRB and MSPB Members, and Suggests that the Federal Reserve is Different

The United States Supreme Court has granted the Trump Administration’s request to stay United States District Court Judge Beryl Howell’s order reinstating Gwynne Wilcox to the National Labor Relations Board (NLRB) and Cathy...more

BakerHostetler

Supreme Court to Decide the Fate of Universal Injunctions

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The Supreme Court is prepared to determine the legality of a powerful but controversial judicial remedy — the universal injunction. The case, Trump v. CASA, Inc., reached the Justices after a lower court barred the Trump...more

Littler

Federal Court Vacates Portion of PWFA Final Rule Requiring Accommodation for Elective Abortions

Littler on

On May 21, 2025, Judge David C. Joseph of the U.S. District Court for the Western District of Louisiana issued a ruling vacating the Equal Employment Opportunity Commission’s final rule under the 2022 Pregnant Workers...more

Cozen O'Connor

Democratic AGs Sue to Protect States’ Access to Federal EV Infrastructure Funds

Cozen O'Connor on

A group of 17 Democratic AGs has filed suit to block the U.S. Department of Transportation’s Federal Highway Administration from revoking or withholding funds allocated to states under the National Electric Vehicle...more

Goulston & Storrs PC

AG's Power Holds, but Agency Shortcuts Don't

Goulston & Storrs PC on

In Att’y Gen. v. Town Milton, the court ruled that the Massachusetts Bay Transportation Authority (“MBTA”) Communities Act, G. L. c. 40A, § 3A (“Section 3A”), is constitutional, and that the Attorney General has the authority...more

Harris Beach Murtha PLLC

NY Supreme Court Strikes Down OCM’s One-License-Per-Majority-Owner Policy

In a significant decision impacting New York’s adult-use cannabis licensing framework, the Albany County Supreme Court ruled on April 14, 2025, in DNP-Z, Inc. v. New York State Cannabis Control Board et al. (Index No....more

Mintz - Health Care Viewpoints

Twenty States Sue the Trump Administration for HHS Program Eliminations and Staff Layoffs

Nineteen states plus the District of Columbia filed a federal Complaint in U.S. District Court for the District of Rhode Island on May 5, 2025 alleging that the Trump Administration’s recent activities to downsize and...more

Jones Day

Judge Blocks FDA Regulation of Laboratory-Developed Tests

Jones Day on

On March 31, 2025, a judge in the Eastern District of Texas struck down a 2024 Final Rule (the "Final Rule") by the Food and Drug Administration ("FDA") that exerted jurisdiction over the regulation of laboratory-developed...more

FordHarrison

Supreme Court Temporarily Stays Reinstatement of NLRB Member Wilcox

FordHarrison on

National Labor Relations Board (NLRB) Member Gwynne A. Wilcox is out of a job, again, for the third time in less than four months....more

Sheppard Mullin Richter & Hampton LLP

Chief Justice Roberts Allows Trump to Remove Wilcox from NLRB as the Supreme Court Considers the Challenge to Her Dismissal

National Labor Relations Board (“NLRB”) Member Gwynne Wilcox is out of a job for the third time in less than four months. Since President Donald Trump terminated Wilcox from her position on January 28, 2025, Wilcox’s...more

Cozen O'Connor

Democratic AGs Sue to Halt Dismantling of Federal Agencies

Cozen O'Connor on

A group of 21 Democratic AGs fileda lawsuit to block an Executive Order that directs the Institute of Museum and Library Services, the Minority Business Development Agency, the Federal Mediation and Conciliation Service, and...more

Cozen O'Connor

Democratic AGs Fight NIH Grant Funding Disruptions

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A group of 16 Democratic AGs, led by Massachusetts AG Andrea Joy Campbell, filed a lawsuit alleging that the National Institute of Health’s (NIH) delays in the review and approval of grant applications and terminations of...more

Proskauer - Labor Relations Update

U.S. Supreme Court Temporarily Stays NLRB Board Member Reinstatement; Board to Again Without a Quorum

On April 9, 2025, the Supreme Court of the United States issued a brief order, staying the District Court’s order reinstating former National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox. The Board is...more

Constangy, Brooks, Smith & Prophete, LLP

On Again: Full D.C. Circuit sends Member Wilcox back to NLRB

The full U.S. Court of Appeals for the District of Columbia Circuit, in a 7-4 decision, has put Gwynne Wilcox (D), the on-again, off-again Member of the National Labor Relations Board, back on the Board. Member Wilcox, a...more

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