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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Shipman & Goodwin LLP

Limitations on the NLRB’s Power: Did Loper Bright Sound the Death Knell?

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Two recent appellate arguments underscore the heightened judicial scrutiny facing the National Labor Relations Board (“NLRB”) following the Supreme Court’s decision last summer, Loper Bright Enterprises Inc v. Raimondo. While...more

Patterson Belknap Webb & Tyler LLP

Circuit Holds That Bruen Does Not Invalidate Firearms Prohibition Relating to Domestic Violence

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The Second Circuit recently issued a decision that confirms that even after New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), those who have been convicted of a misdemeanor crime of domestic violence may not...more

Davis Wright Tremaine LLP

Federal Appeals Court Rules Set of Trump Tariffs Unlawful: What Importers Need to Know

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On Friday evening, August 29, 2025, as Americans settled into the beginning of a long holiday weekend, the U.S. Court of Appeals for the Federal Circuit released its highly anticipated opinion in V.O.S. Selections, Inc. v....more

Brownstein Hyatt Farber Schreck

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

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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

Ballard Spahr LLP

Federal Appeals Court rules that Trump illegally fired FTC board member, orders her reinstatement

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A divided federal appeals court has ruled that President Trump illegally fired Democratic FTC member Rebecca Slaughter and has ordered that she be reinstated to her position....more

Warner Norcross + Judd

The Federal Circuit Court of Appeals Affirms IEEPA Tariffs Are Illegal

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Earlier this year, the U.S. Court of International Trade found that President Donald Trump had exceeded the powers granted to him under the International Emergency Economic Powers Act of 1977 (IEEPA) in imposing “Trafficking...more

Bradley Arant Boult Cummings LLP

Earmuffs, Kids: The Federal Circuit Delivers the F-bomb Right Back to the TTAB

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The Federal Circuit’s recent precedential decision in In re Erik Brunetti has surely raised some eyebrows in the trademark community (and beyond), not just for its subject matter (the attempted registration of a certain...more

Sands Anderson PC

When Punishment Outpaces Justice: Proportionality and Punitive Damages

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How much is “too much” when it comes to punishment? From Virginia courts to the U.S. Supreme Court, judges have wrestled with punitive damages and the fine line between deterrence and excess. This article walks through...more

Husch Blackwell LLP

Federal Circuit Finds IEEPA Reciprocal Tariffs and Trafficking Tariffs Illegal but Continue to Be Required at Time of Entry

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The U.S. Court of Appeals for the Federal Circuit held unenforceable the Trump administration’s Reciprocal Tariffs and Trafficking Tariffs instituted under the International Emergency Economic Powers Act (IEEPA). In V.O.S....more

Axinn, Veltrop & Harkrider LLP

D.C. Circuit Allows FTC Commissioner Slaughter to Be Reinstated, but the Supreme Court May Soon Decide Otherwise

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Yesterday, the D.C. Circuit issued the latest decision in the saga over President Trump’s firing of the Democratic Federal Trade Commission (FTC) Commissioners. That decision sets the stage for a likely emergency application...more

Troutman Pepper Locke

Solicitors General Insights: The Art of Oral Advocacy With Michigan and New Jersey — Regulatory Oversight Podcast

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In this episode of our special Regulatory Oversight: Solicitors General Insights series, RISE Counsel Jeff Johnson, a former deputy solicitor general in the Missouri Attorney General's office, welcomes Michigan Solicitor...more

Whiteford

Employment Law Update: Fourth Circuit Decision Highlights the Impact of Supreme Court’s Change to Adverse Employment Action...

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In 2024, the Supreme Court issued its decision in Muldrow v. City of St. Louis, which arose out of a sex discrimination claim filed by a female police officer. Officer Muldrow was transferred to a different position within...more

Bradley Arant Boult Cummings LLP

The Not So Dormant Commerce Clause

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Few areas of law have been able to expose the contradictions of federal cannabis policy quite like the Dormant Commerce Clause. The Constitution’s long-standing rule against state economic protectionism has recently found...more

Epstein Becker & Green

NLRB Authority in Jeopardy, Pregnant Worker Protections, Non-Compete Order Rescinded, EEOC Right-to-Sue Rule -...

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This week, we’re covering four key employer-focused developments: • a ruling from the U.S. Court of Appeals for the Fifth Circuit challenging the National Labor Relations Board’s (NLRB’s) authority, • another Fifth...more

Downey Brand LLP

Ideker, USACE’s New Guidance, and Figuring Out How to do an Induced Flooding Analysis

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On July 28, 2025, the Director of Civil Works for the United States Army Corps of Engineers (USACE), Eddie Belk, issued guidance for analyzing induced flooding. This guidance is intended to help USACE Districts and Divisions...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Rules NLRB Structure Likely Unconstitutional

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On August 19, 2025, the Fifth Circuit upheld injunctions barring the National Labor Relations Board (“NLRB” or the “Board”) from prosecuting unfair labor practice cases against SpaceX and two other companies. In its decision,...more

K&L Gates LLP

Litigation Minute: A Year After Loper Bright: Lessons From a Legal Shake-Up

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What You Need to Know in a Minute or Less - In Loper Bright Enterprises v. Raimondo, the US Supreme Court overturned the 40-year-old doctrine established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.,...more

Husch Blackwell LLP

Supreme Court Asked to Resolve Circuit Split on Broker Liability Under FAAAA Safety Exception

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Freight broker liability under the Federal Aviation Administration Authorization Act (FAAAA) is once again before the U.S. Supreme Court, with two new petitions for certiorari—Total Quality Logistics (TQL) v. Cox and...more

ArentFox Schiff

How New Restrictions on Universal Injunctions Could Change Litigation Strategies

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On June 27, the US Supreme Court issued a significant decision in Trump v. Casa, clarifying the limits of federal district courts’ authority to issue broad, so-called “universal” injunctions against the federal government....more

Husch Blackwell LLP

Does Loper Bright Simply Not Matter to the D. C. Circuit When It Comes to the NLRB? Will the Supreme Court Weigh In?

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On July 31, 2025, Hood River Distillers, Inc. filed a petition for writ of certiorari imploring the Supreme Court to overturn a ruling of the D. C. Circuit. The D. C. Circuit had affirmed a National Labor Relations Board...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published June 2025

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The full text of each summary can be found below through the Table of Contents links. Highlights from this issue include: Uninjured Class Members. The Supreme Court had originally granted a writ to decide whether federal...more

Seyfarth Shaw LLP

Birthright Citizenship at a Crossroads

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On July 24, 2025, the Ninth Circuit Court of Appeals reaffirmed that President Trump’s Executive Order 14160 aimed at ending birthright citizenship, violates the Citizenship Clause of the Fourteenth Amendment and is...more

Perkins Coie

Second Circuit Reverses Wire Fraud Conviction After Supreme Court’s Ciminelli Ruling: Key Takeaways on the Right-to-Control and...

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This month marked a significant development in the wake of the Supreme Court’s 2023 rejection of the “right-to-control” theory of fraud in Ciminelli v. United States. In Johnson v. United States, the Second Circuit...more

Constangy, Brooks, Smith & Prophete, LLP

Christian teacher gets jury trial in name, pronoun case

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Divine intervention? John Kluge, a high school orchestra teacher in the Indianapolis area, was let go in 2018 after he refused to address transgender students by their preferred names and pronouns. Mr. Kluge, a Christian...more

Benesch

Post Loper Bright, Courts Differ on How to Handle Skidmore

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For 40 years, courts applied the precedent set by the United States Supreme Court in Chevron U.S.A. Inc. v. National Resources Defense Council, Inc. by deferring to administrative agency interpretations of ambiguous statutes....more

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