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Non-Delegation Doctrine

Brownstein Hyatt Farber Schreck

‘The Game is Afoot’: Federal Appeals Court Strikes Down the President’s IEEPA-Based Tariffs - Update from Sept. 10, 2025

On Sept. 9, the Supreme Court agreed to an expedited review of two cases on tariffs imposed under the International Emergency Economic Powers Act (IEEPA). Legal briefs on the merits of the case will be due beginning Sept. 19,...more

Brownstein Hyatt Farber Schreck

‘The Game is Afoot’: Federal Appeals Court Strikes Down the President’s IEEPA-Based Tariffs

In the latest episode of the ongoing legal challenges to President Trump’s tariff policies, on Aug. 29, the U.S. Court of Appeals for the Federal Circuit (CAFC) ruled that the International Emergency Economic Powers Act...more

Kelley Drye & Warren LLP

Federal Circuit Affirms That IEEPA Tariffs Are Unlawful

On Friday, August 29, the U.S. Court of Appeals for the Federal Circuit issued a decision striking down the global reciprocal tariffs (“Reciprocal Tariffs”) and the fentanyl-related tariffs on Canada, Mexico, and China...more

Fisher Phillips

Employer Impact Guide to the Supreme Court’s 2024-2025 Term: 12 Cases That Reshaped Your Workplace, Industry, or Litigation...

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As the Supreme Court prepares for its next term to begin October 6, let’s look back on all the SCOTUS cases from the past year that impacted your workplace, industry, and litigation exposure. Here’s a quick guide to 12 times...more

DLA Piper

Federal Lawsuit Targets Oregon’s Plastic Pollution and Recycling Modernization Act

DLA Piper on

Oregon’s Plastic Pollution and Recycling Modernization Act (RMA), one of the first extended producer responsibility (EPR) laws implemented in the US, is facing its first challenge in court. The outcome of the suit could have...more

King & Spalding

The Fourth Circuit Rejects a Non-Delegation Doctrine Challenge to the Anti-Kickback Statute

King & Spalding on

On July 22, 2025, the Fourth Circuit published its opinion in United States v. Donald Booker, No. 23-461, affirming a 200-month prison sentence for the owner of United Youth Care Services, which billed North Carolina’s...more

Venable LLP

Enduring Delegations - Supreme Court Rejects Nondelegation Challenges to the FCC’s Administration of the Universal Service Fund in...

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The nondelegation doctrine prevents Congress from giving away too much of its legislative power to other entities. After a strong showing in 1935, the nondelegation doctrine has remained dormant, with the Supreme Court...more

Perkins Coie

US Supreme Court Upholds Constitutionality of FCC’s Universal Service Fund

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Key Takeaways - - The U.S. Supreme Court upheld the FCC's Universal Service Fund (USF) scheme, ensuring its continued operation. - The Court rejected nondelegation doctrine challenges, finding Congress provided sufficient...more

Womble Bond Dickinson

United States Supreme Court Administrative Law Decisions of Note During the 2024-2025 Term

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In this update, we cover the most impactful Supreme Court cases related to administrative law issues decided during the 2024-2025 term. The Supreme Court decided important administrative law cases falling into these general...more

Pillsbury Winthrop Shaw Pittman LLP

Circuit Split No More: U.S. Supreme Court Upholds FCC Universal Service Fund Authority

The U.S. Supreme Court reversed a ruling by the Fifth Circuit Court of Appeals that held both Congress’s delegation of USF authority to the FCC and the FCC’s subsequent delegation of its authority to a private administrator...more

Wiley Rein LLP

Supreme Court Declares Universal Service Fund Constitutional, Reversing Fifth Circuit Opinion

Wiley Rein LLP on

On June 27, 2025, the U.S. Supreme Court affirmed, in FCC v. Consumers’ Research (Consumers’ Research), the constitutionality of the funding mechanism for the Federal Communications Commission’s (FCC or Commission) Universal...more

DLA Piper

Supreme Court Upholds FCC’s Universal Service Fund Authority

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On June 27, 2025, the United States Supreme Court decided FCC v. Consumers’ Research, Nos. 24-354 & 24-422, upholding the constitutionality of the federal “universal service” statute, which establishes a Universal Service...more

Fisher Phillips

SCOTUS Saves E-Rate Program, Preserving Tech Funding for Schools Across the Country

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In a major victory for public institutions and the tech companies that support them, the U.S. Supreme Court just preserved the federal funding lifeline that underpins internet access and telecommunications connectivity in...more

Epstein Becker & Green

Term Ends with Major Decisions, Including Banning Universal Injunctions - SCOTUS Today

Epstein Becker & Green on

If the wide-ranging decisions that ended the U.S. Supreme Court’s 2024 term on Friday have anything in common, it is their length, with some of their syllabi running to five small-print pages and more, and with a plethora of...more

Dorsey & Whitney LLP

The Supreme Court Update - June 27, 2025

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Today, on the last day of the 2024-2025 term, the Supreme Court of the United States issued five decisions: Trump v. CASA, Inc., No. 24A884: This case addresses whether district courts had the authority to issue...more

Lerman Senter PLLC

Supreme Court Upholds Federal Universal Service Fund Contribution Framework

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The U.S. Supreme Court has upheld the Federal Communications Commission’s universal service fund (USF) framework....more

Cooley LLP

Supreme Court Upholds Universal Service Contribution Requirements

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The US Supreme Court, in a 6 – 3 decision, has upheld the Federal Communications Commission (FCC) system for determining and collecting universal service contributions. In overturning the US Court of Appeals for the Fifth...more

Venable LLP

Supreme Court Denies Certiorari to Decide FINRA Authority

Venable LLP on

On June 2, 2025, the Supreme Court denied a petition for writ of certiorari filed by Alpine Securities Corporation challenging a D.C. Circuit ruling granting only limited, preliminary relief to Alpine. Alpine argued that...more

Carlton Fields

U.S. Supreme Court Denies Alpine’s Petition Challenging Constitutionality of FINRA Enforcement Proceedings

Carlton Fields on

On June 2, 2025, the U.S. Supreme Court denied a petition for writ of certiorari filed by Alpine Securities Corp. in Alpine Securities Corp. v. Financial Industry Regulatory Authority. In doing so, the Supreme Court declined...more

Troutman Pepper Locke

Solicitors General Insights: A Deep Dive With Mississippi and Tennessee Solicitors General — Regulatory Oversight Podcast

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In this episode of our special Regulatory Oversight: Solicitors General Insights series, Jeff Johnson, a former deputy solicitor general in the Missouri Attorney General’s office, welcomes Scott Stewart, solicitor general of...more

Fisher Phillips

SCOTUS Will Soon Decide the Fate of E-Rate Program: Could Schools Lose Their Tech Funding?

Fisher Phillips on

The U.S. Supreme Court recently heard argument on an important case that has the potential to upend a significant source of technology funding for school systems throughout the country. The FCC v. Consumers’ Research case,...more

Montgomery McCracken

Challenge to State Regulatory Rules Offering Protections for LGBTQ+ Students Filed in Pennsylvania Commonwealth Court

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When we wrote in August about the impact of the Supreme Court’s Loper-Bright decision on the various federal district court rulings invalidating the Department of Education’s 2024 Title IX regulations, we reminded readers...more

Womble Bond Dickinson

Nondelegation and Environmental Law - March 2025

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Last week, the Supreme Court held oral argument in Federal Communications Commission v. Consumers’ Research. The case addresses the Federal Communications Commission’s Universal Service Fund programs aimed at providing...more

Venable LLP

Supreme Court Hears Oral Argument in Nondelegation Case Implicating the Powers of Administrative Agencies

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On Wednesday, the Supreme Court heard oral arguments in Federal Communications Commission v. Consumers’ Research (consolidated with SHLB Coalition v. Consumers’ Research), a case about the role of executive administrative...more

Womble Bond Dickinson

Deregulation: Uncertainty and Opportunity

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The Trump administration has recently issued a series of Executive Orders on “deregulation,” directing federal agencies to review, rescind, and modify existing federal regulations. This regulatory overhaul presents both...more

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