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Stays Constitutional Challenges Government Agencies

Morrison & Foerster LLP

Supreme Court Lets CPSC Firings Stand—For Now

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

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

Tarter Krinsky & Drogin LLP

Supreme Court Limits Injunctive Relief Against Birthright Citizenship Executive Order

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

Constangy, Brooks, Smith & Prophete, LLP

Out again: Supreme Court pauses reinstatement of ex-NLRB Member Wilcox, one other former official

The U.S. Supreme Court on May 22 stayed the reinstatement of Gwynne Wilcox, a former member of the National Labor Relations Board, and Cathy Harris, a former member of the Merit Systems Protection Board. Both women were...more

Stevens & Lee

Has Humphrey’s Executor Been Effectively Overruled on the Supreme Court’s Emergency Docket with Impact on the FTC?

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The Supreme Court last week granted the stay requested by the Government enjoining the enforcement of the U.S. District Court for the District of Columbia’s orders involving President Trump’s firing of members of the National...more

Troutman Pepper Locke

D.C. Circuit Court Partially Stays Injunction in NTEU v. CFPB

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On April 11, the U.S. Court of Appeals for the District of Columbia Circuit issued an order partially staying the district court’s preliminary injunction in the ongoing legal dispute between the National Treasury Employees...more

Ballard Spahr LLP

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

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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

Blank Rome LLP

Attention Department of Labor Contractors and Grantees: A Federal Court Hits Pause on Executive Orders Related to Diversity,...

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Federal courts continue to grapple with challenges to President Trump’s executive orders (“EOs”) related to diversity, equity, and inclusion (“DEI”), particularly EO 14151, Ending Radical And Wasteful Government DEI Programs...more

Orrick, Herrington & Sutcliffe LLP

U.S. District Court Blocks CFPB Shutdown; Trump Administration Seeks Immediate Stay

On Friday, March 28, U.S. District Judge Amy Berman Jackson took the “extraordinary step” of broadly enjoining the newly installed leadership of the CFPB from “eliminat[ing] the agency before the Court has the opportunity to...more

Constangy, Brooks, Smith & Prophete, LLP

Out again: Court pauses order that prevented removal of NLRB’s Gwynne Wilcox

The termination of NLRB Member Gwynne Wilcox is back in place, at least for the time being. Earlier this month, Judge Beryl A. Howell issued an injunction that blocked President Trump and Marvin Kaplan, Chairman of the...more

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

D.C. Circuit Rules Trump Can Remove Independent Agency Members Without Cause

On March 28, 2025, the U.S. Court of Appeals for the District of Columbia Circuit ruled that President Donald Trump likely has the authority to remove National Labor Relations Board (NLRB) member Gwynne Wilcox and Merit...more

Proskauer - Government Contractor Compliance...

Fourth Circuit Temporarily Allows DEI-Related EOs to Continue

As we previously reported, on March 3, 2025, the Maryland District Court denied Defendants’ motion to stay the preliminary injunction in National Association of Diversity Officers in Higher Education v. Trump, preventing the...more

Littler

Fourth Circuit Stays Enforcement of Injunction on IE&D Executive Orders

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On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit lifted the nationwide injunction on President Trump's executive orders targeting inclusion, equity, and diversity (IE&D) programs, allowing enforcement while...more

PilieroMazza PLLC

SCOTUS Greenlights Release of Foreign Aid Funds to Government Contractors

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On March 5, 2025, the United States Supreme Court (SCOTUS) upheld a federal judge’s order directing the government to pay nearly $2 Billion to federal contractors for completed foreign aid work. This client alert identifies...more

Potomac Law Group, PLLC

Current Status of Legal Challenge to the DBE Program

I have previously blogged about the legal challenge to the DBE program taking place in the United States District Court for the Eastern District of Kentucky, where several non-DBE firms are challenging the constitutionality...more

Orrick, Herrington & Sutcliffe LLP

DOJ contests court order blocking DOGE’s access to Treasury’s payment systems and records

On February 9, DOJ filed an emergency motion seeking to dissolve, modify or clarify a temporary restraining order issued by the U.S. SDNY, which prohibited certain political appointees and DOGE members from accessing the...more

Davis Wright Tremaine LLP

Federal Funding, OMB, and the Impact of Recent Court Orders: What Now?

The Trump Administration must immediately restore frozen funding during and in accordance with the Temporary Restraining Order. The order may impact programs and contracts that were suspended or terminated. Contractors should...more

Fox Rothschild LLP

Trump Administration (Sort Of) Abandons Funding Freeze

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The Office of Management and Budget (OMB) issued memorandum M-25-13, “Temporary Pause of Agency Grant, Loan, and Other Financial Assistance Programs,” (OMB Memo) on Tuesday, January 27, 2025. Two days later on January 29,...more

Brownstein Hyatt Farber Schreck

Analysis of OMB’s Temporary Funding Pause

On Monday, Jan. 27, President Donald Trump’s Office of Management and Budget (OMB) issued a memorandum (“memo”) directing all federal departments and agencies to “temporarily pause all activities related to obligation or...more

Holland & Knight LLP

Supreme Court Stays CTA Injunction in Texas Top Cop Shop Case, but CTA Reporting Still on Hold

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In the Texas Top Cop Shop case, the U.S. District Court for the Eastern District of Texas on Dec. 3, 2024, issued an injunction that deferred all reporting requirements under the Corporate Transparency Act (CTA). (See Holland...more

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