News & Analysis as of August 10, 2025

Administrative Agencies

+ Follow

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 -

The Administrative State, a Three-Legged Stool, the Supreme Court and FCC v. Consumers’ Research

Stevens & Lee on 7/31/2025

The U.S. Supreme Court recently handed down its decision in Federal Communications Commission v. Consumers’ Research, a case involving the question whether Congress’s delegation of authority to the FCC to implement provisions...more

Supreme Court Lets CPSC Firings Stand—For Now

Morrison & Foerster LLP on 7/31/2025

Capping off two months of legal drama, the Supreme Court has stayed the ruling of U.S. District Judge Matthew J. Maddox, which ordered the immediate reinstatement of the three U.S. Consumer Product Safety Commission (CPSC)...more

Another Step Toward Overruling Humphrey’s Executor and Granting Plenary Presidential Removal Authority

Stevens & Lee on 7/28/2025

Recently, the Supreme Court in a case involving President Trump’s without cause firing of the Democratic Commissioners on the Consumer Products Safety Commission stayed an order that had been issued by the U.S. District Court...more

Federal Judge rules that firing of Rebecca Slaughter as FTC Commissioner was illegal

Ballard Spahr LLP on 7/21/2025

A federal judge has ruled that the President Trump violated federal law when he fired Rebecca Slaughter, a Democrat, as a member of the FTC....more

From Fired to Rehired: CPSC Chaos Reaches Supreme Court

Morrison & Foerster LLP on 7/17/2025

The fired U.S. Consumer Product Safety Commission (CPSC) Democrats are back in their seats and stirring the pot, prompting the Trump administration to make an emergency plea to the Supreme Court for relief. What started as...more

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

Womble Bond Dickinson on 7/15/2025

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

Supreme Court Keeps Wilcox on the Sidelines – NLRB remains Without a Quorum

FordHarrison on 5/28/2025

On May 22, 2025, the Supreme Court granted President Trump’s emergency application to stay the D.C. Circuit Court order that reinstated National Labor Relations Board (NLRB) Member Wilcox. In the 6-3 decision, the Supreme...more

NLRB Stalemate Continues: Supreme Court Keeps Wilcox Sidelined For Now

Proskauer - Labor Relations Update on 5/27/2025

On May 22, 2025, the U.S. Supreme Court issued a decision granting President Trump’s emergency application to stay D.C. Circuit Court orders that reinstated National Labor Relations Board (“NLRB” or the “Board”) member Gwynne...more

Chief Justice temporarily allows Trump Administration to fire members of independent agencies

Ballard Spahr LLP on 4/11/2025

Chief Justice John Roberts has issued a temporary stay of a decision by the U.S. Court of Appeals for the District of Columbia that barred the Trump Administration from firing members of two independent agency boards....more

Nondelegation and Environmental Law - March 2025

Womble Bond Dickinson on 3/31/2025

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

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

Venable LLP on 3/31/2025

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

Unusual Combinations of Justices Denying Veterans’ Claim but Requiring Executive to Make Foreign Aid Payments to Contractors -...

Epstein Becker & Green on 3/6/2025

The U.S. Supreme Court resolved more textual battles yesterday, one in a fully argued case, the other on procedural motions. The combinations of Justices continue to defy stereotypes, and at least one of those combinations,...more

Supreme Court to Address Constitutionality of USF

Womble Bond Dickinson on 11/26/2024

On November 22, 2024, the U.S. Supreme Court granted two petitions for certiorari to review the U.S. Court of Appeals for the Fifth Circuit’s (Fifth Circuit) en banc decision in Consumers’ Research v. Federal Communications...more

Striking a Balance: The Supreme Court and the Future of Chevron Deference

Epstein Becker & Green on 2/12/2024

In its frequent attempts to enforce the separation of powers that the Constitution’s framers devised as a system of checks and balances among the executive, legislative, and judicial branches of the federal government, it is...more

Clues On High Court Outcome In CFPB Constitutionality Case

McGlinchey Stafford on 10/26/2023

On October 3, the U.S. Supreme Court heard oral arguments in the Consumer Financial Protection Bureau v. Community Financial Services Association of America, the latest in a long line of cases targeting the constitutionality...more

Tracking the Impact of Securities and Exchange Commission v. Jarkesy and Other Constitutional Challenges Against the FTC

Venable LLP on 10/16/2023

In recent years, independent agencies have continued to face a number of constitutional and statutory challenges before the Supreme Court. AMG Capital Management struck down the Federal Trade Commission’s authority to obtain...more

The Validity of More Than a Decade’s Worth of Federal Regulations Are at Stake as the U.S. Supreme Court Decides the...

Epstein Becker & Green on 10/12/2023

On October 3, 2023, the United States Supreme Court heard oral argument in Community Financial Services Association of America Ltd., et al. v. Consumer Financial Protection Bureau, et al., in which the Court was asked to...more

C[FPB] You Later? Agency’s Future Hangs in the Balance After Oral Argument

Venable LLP on 10/5/2023

On October 3, the Supreme Court heard oral argument in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited, where the Court is reviewing the Fifth Circuit’s opinion that struck...more

U.S. Supreme Court Hears Oral Argument on Whether CFPB's Funding Mechanism Is Constitutional

Hudson Cook, LLP on 10/5/2023

On October 3, 2023, the U.S. Supreme Court heard oral argument in Consumer Financial Protection Bureau v. Community Financial Services Association of America. At issue is the constitutionality of the CFPB's funding structure,...more

16 amicus briefs filed with SCOTUS in support of CFSA’s position that CFPB’s funding mechanism is unconstitutional

Ballard Spahr LLP on 7/13/2023

Sixteen amicus briefs have been filed with the U.S. Supreme Court in support of the position of the Community Financial Services Association of America (CFSA) that the Court should affirm the Fifth Circuit panel decision in...more

U.S. Supreme Court Agrees to Hear Nondelegation Case

Holland & Knight LLP on 7/6/2023

The U.S. Supreme Court on June 30, 2023, agreed to hear the case of SEC v. Jarkesy.1 The case is an appeal of a U.S. Court of Appeals for the Fifth Circuit decision that held that the U.S. Securities and Exchange Commission's...more

Supreme Court Ruling Questions Constitutionality of FTC’s and SEC’s Administrative Adjudications Processes - Is OSHA Next?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/17/2023

On April 14, 2023, the Supreme Court of the United States opened the door for new challenges to the federal administrative state. In a unanimous decision in a pair of consolidated cases, Axon Enterprise, Inc. v. Federal Trade...more

Supreme Court Clears the Way for Constitutional Challenges to SEC, FTC Administrative Forums in Federal District Court

BakerHostetler on 4/28/2023

In Axon Enterprise, Inc. v. FTC and SEC v. Cochran, the respondents in administrative agency enforcement actions brought suit in federal district court, challenging the constitutionality of each respective agency’s attempt to...more

Supreme Court Allows Structural Constitutional Challenges to FTC and SEC Proceedings in Federal District Court

Perkins Coie on 4/24/2023

The U.S. Supreme Court ruled in two related cases, Axon Enterprise Inc. v. FTC (No. 21-86) and SEC v. Cochran (No. 21-1239), that federal district courts have jurisdiction to hear structural constitutional challenges to the...more

Supreme Court Holds That Respondents in Agency Enforcement Actions May Raise Constitutional Challenges Outside of Administrative...

Sheppard Mullin Richter & Hampton LLP on 4/20/2023

On April 14, 2023, in a decision involving appeals regarding two separate agency enforcement actions, the Supreme Court unanimously held that respondents in such actions may raise certain constitutional challenges outside of...more

46 Results

View per page

Page: of 2

Supreme Court of the United States › Constitutional Challenges › Administrative Agencies

"My best business intelligence, in one easy email…"