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Supreme Court of the United States › Constitutional Challenges › Judicial Authority

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 -
Stevens & Lee

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

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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

Husch Blackwell LLP

Will Trump v. CASA Lead to Increased State AG Multistate Investigations and Litigation?

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On June 27, 2025, in its long-anticipated decision in Trump v. CASA, Inc., the U.S. Supreme Court significantly narrowed the ability of a single federal court to issue “universal” or “nationwide” injunctions—through which...more

Ballard Spahr LLP

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

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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

Ballard Spahr LLP

Supreme Court allows Education Department to fire employees; Is CFPB Staff Next?

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In another case that may not augur well for the CFPB staff, the Supreme Court is allowing the Trump Administration to continue dismantling the Education Department, lifting a court order that had required the rehiring of as...more

McAfee & Taft

Gavel to Gavel: Officers working on tribal land may be immune to claims

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The actual authority of certain law enforcement officers is sometimes unclear in today’s climate. The most obvious example in the news today is the authority and identity of Immigration and Customs Enforcement (“ICE”) agents...more

Morrison & Foerster LLP

From Fired to Rehired: CPSC Chaos Reaches Supreme Court

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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

Constangy, Brooks, Smith & Prophete, LLP

Supreme Court restricts universal injunctions, but plaintiffs find a “workaround”

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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

King & Spalding

Supreme Court Holds Medicaid Participants Lack Standing to Enforce “Any-Qualified-Provider” Clause

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On June 26, 2025, the Supreme Court ruled that Medicaid providers and beneficiaries lack the ability to enforce the Medicaid Act’s “any‑qualified‑provider” clause in federal court. In Medina v. Planned Parenthood, the Court...more

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

Supreme Court Limits Nationwide Injunctions, but Does Not Decide on Birthright Citizenship Challenge

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In a closely watched decision issued on June 27, 2025, the Supreme Court of the United States ruled in Trump v. CASA, Inc., No. 24A884, that federal district courts lacked authority to issue universal (nationwide) injunctions...more

Pillsbury Winthrop Shaw Pittman LLP

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

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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

Hogan Lovells

Supreme Court affirms constitutionality of U.S. Preventive Services Task Force

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On June 27, 2025, the Supreme Court in Kennedy v. Braidwood Management, Inc. upheld the structure of the U.S. Preventive Services Task Force (USPSTF, or “Task Force”), overturning a Fifth Circuit decision that had ruled that...more

Farella Braun + Martel LLP

Trusting the Department of Justice, Alexis Loeb

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The Supreme Court’s recent opinion in Trump v. CASA (the birthright citizenship case) contrasts with two of its opinions from a year ago, Fischer v. United States and Snyder v. United States, in at least the following way:...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

Gould + Ratner LLP

How Could the Lower Courts’ Loss of Nationwide Injunction Power Impact Your Business?

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On June 27, 2025, the Supreme Court issued its decision on review of three federal court orders that have blocked—on a nationwide basis—implementation of President Trump’s executive order restricting so-called “birthright...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 65 -The Power of Interpretation: Constitutional Meaning in the Modern World

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The Constitution takes center stage in this latest episode with legal scholar Erwin Chemerinsky, Dean of UC Berkeley Law, who is renowned for his studies of constitutional law and federal civil procedure. He and host Matt...more

Gibney Anthony & Flaherty, LLP

Supreme Court Limits Nationwide Injunctions, Impacting Birthright Citizenship Executive Order

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On June 27, 2025, the Supreme Court issued a ruling to limit the ability of federal district judges to issue broad nationwide injunctions. This decision was issued in connection with several legal challenges to prevent the...more

King & Spalding

Supreme Court Decision Is A Win for Preventative Services Providers

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Last week, in a 6-3 decision, the Supreme Court overturned a Fifth Circuit decision holding that HHS-appointed United States Preventative Task Force (USPTF) members are inferior officers that do not need to be approved by the...more

Steptoe & Johnson PLLC

Stop It! No, You Stop It! In Major Legal Shift, SCOTUS Says No More Universal Injunctions

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The U.S. Supreme Court ruled on Friday, June 27, that federal district courts may not issue “universal” injunctions (the term the Court used instead of “nationwide” injunctions), as it decided that doing so is beyond their...more

Cranfill Sumner LLP

Supreme Court Restricts Universal Injunctions in Landmark Ruling for Executive Authority

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In a landmark decision, the U.S. Supreme Court ruled on June 27, 2025, that federal courts generally lack the authority to block government policies from being enforced against nonparties, not just the plaintiffs in a case....more

Brownstein Hyatt Farber Schreck

Supreme Court Upholds Constitutionality of the Universal Service Fund

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With their decision in the consolidated cases of Federal Communications Commission v. Consumers’ Research and SHLB Coalition v. Consumers’ Research, the U.S. Supreme Court has upheld the constitutionality of the Universal...more

Ballard Spahr LLP

Two Recent Supreme Court Injunction Rulings Support Affordable Care Act

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Two recent U.S. Supreme Court rulings support provisions of the Affordable Care Act, one directly and one indirectly....more

Best Best & Krieger LLP

Supreme Court Rules FCC’s Universal Service Fund Is Constitutional

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On June 27, 2025, the Supreme Court decided FCC v. Consumers’ Research, No. 24-354 (U.S. June 2025), ruling that the Universal Service Fund’s (USF) contribution structure, as administered by the Federal Communications...more

Tarter Krinsky & Drogin LLP

Supreme Court Limits Injunctive Relief Against Birthright Citizenship Executive Order

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In the waning days of the Court’s session this year, several blockbuster decisions were issued. A long-awaited decision regarding birthright citizenship was issued, but did not address the merits of the case itself. In the...more

Wiley Rein LLP

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

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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

UB Greensfelder LLP

U.S. Supreme Court Restricts Nationwide Injunctions in Trump v. CASA, Inc., The Legal Challenge to the Executive Order Ending...

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On June 27, 2025, the U.S. Supreme Court issued a 6–3 decision in Trump v. CASA, Inc., marking a major shift in how federal courts may respond to challenges against nationwide policies—especially in immigration law. The case...more

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