On May 16, 2022, the U.S. Supreme Court decided Patel v. Garland, No. 20-979, holding that federal courts lack jurisdiction to review an immigration judge’s findings of fact pertaining to a removable immigrant’s petition for...more
On May 16, 2022, the U.S. Supreme Court decided Federal Election Comm’n v. Ted Cruz for Senate, No. 21-12, holding that the federal statute that prohibits repaying campaign-finance loans over $250,000 with money raised after...more
On April 21, 2022, the U.S. Supreme Court decided City of Austin, Texas v. Reagan National Advertising of Austin, LLC, et al., No. 20-1029, holding that a city ordinance regulating offsite advertising is not subject to strict...more
On April 21, 2022, the U.S. Supreme Court decided Cassirer et al. v. Thyssen-Bornemisza Collection Foundation, No. 20-1566, holding that federal courts hearing state-law claims under the Foreign Sovereign Immunities Act...more
On April 21, 2022, the U.S. Supreme Court decided Boechler, P.C. v. Commissioner of Internal Revenue, No. 20-1472, holding that the 30-day period to petition for review of an IRS Independent Office of Appeals’ decision is a...more
On April 21, 2022, the U.S. Supreme Court decided United States v. Vaello Madero, No. 20-303, holding that the Fifth Amendment’s Due Process Clause does not require Congress to make Supplemental Security Income (SSI) benefits...more
On November 22, 2021, the U.S. Supreme Court decided Mississippi v. Tennessee, holding that water in an underground aquifer that flows across State lines is subject to equitable apportionment between the States, in similar...more
On August 26, 2021, the U.S. Supreme Court decided Alabama Ass’n of Realtors v. Department of Health and Human Services, holding that it strains credulity to read the statute on which the federal Centers for Disease Control...more
On June 29, 2021, the U.S. Supreme Court decided Minerva Surgical, Inc. v. Hologic, Inc., holding that the assignor of a patent is generally estopped from later challenging its validity, but that this estoppel does not apply...more
On June 25, 2021, the U.S. Supreme Court decided TransUnion, LLC v. Ramirez, holding that class members who had inaccurate information placed in their credit file as a result of unreasonable credit investigation procedures...more
6/28/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
On June 21, 2021, the U.S. Supreme Court decided United States v. Arthrex, Inc., holding that, because Administrative Patent Judges are not appointed by the President or confirmed by the Senate, the Constitution’s...more
On June 17, 2021, the U.S. Supreme Court decided California v. Texas, holding that States and individuals challenging the Affordable Care Act lack standing to claim that the “individual mandate” is unconstitutional after...more
On November 25, 2020, the U.S. Supreme Court ordered a preliminary injunction in Roman Catholic Diocese of Brooklyn v. Cuomo, No. 20A87, holding that New York may not enforce 10- or 25-person congregation-size limits on...more
We are at a major crossroads in U.S. health policy. The direction for American health care in 2021 and beyond will depend in large part on events that are unfolding now, and that will come to fruition in the first half of...more
Cost-Sharing Reduction (CSR) Payments Take Effect. Under Section 1402, the Affordable Care Act (ACA) implements a plan for reducing the amount of out-of-pocket costs, such as deductibles and co-payments, that lower-income...more
On July 9, 2020, the U.S. Supreme Court decided McGirt v. Oklahoma, No. 18-9526, holding that the Creek Nation’s reservation in northeastern Oklahoma, which includes most of the city of Tulsa, has never been...more
7/13/2020
/ Criminal Convictions ,
Disestablishment ,
Federal Jurisdiction ,
Federal v State Law Application ,
Fee Simple ,
Land Titles ,
Major Crimes Act ,
McGirt v Oklahoma ,
Native American Issues ,
Reversal ,
SCOTUS ,
Treaties ,
Tribal Lands
On July 8, 2020, the U.S. Supreme Court decided Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania and Trump v. Pennsylvania, holding that the Department of Health and Human Services validly created...more
7/9/2020
/ Administrative Authority ,
Administrative Procedure Act ,
Affordable Care Act ,
Appeals ,
Contraceptive Coverage Mandate ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Group Health Plans ,
Employer Mandates ,
Employer Rights ,
HRSA ,
Injunctive Relief ,
Little Sisters of the Poor Saints Peter and Paul Home v Pennsylvania ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Reversal ,
SCOTUS ,
Trump v Pennsylvania ,
U.S. Treasury
On June 30, 2020, the U.S. Supreme Court decided Espinoza v. Montana Department of Revenue, No. 18-1195, holding that if a state subsidizes private education, the Free Exercise Clause does not allow the state to deny that...more
7/1/2020
/ Compelling Governmental Interest ,
Constitutional Challenges ,
Espinoza v Montana Department of Revenue ,
Establishment Clause ,
Free Exercise Clause ,
No Aid Clause ,
Private Schools ,
Religious Discrimination ,
Religious Schools ,
Remand ,
Reversal ,
Scholarships ,
SCOTUS ,
State Aid ,
State Constitutions ,
Strict Scrutiny Standard ,
Tuition
On June 29, 2020, the U.S. Supreme Court decided Seila Law LLC v. Consumer Financial Protection Bureau, holding that the director of the Consumer Financial Protection Bureau (CFPB) must be removable at will by the...more
On April 27, 2020, the U.S. Supreme Court decided Moda Health Plan, Inc. v. United States, holding that the Affordable Care Act requires the federal government to compensate insurers for significant losses their health plans...more
4/29/2020
/ Affordable Care Act ,
Appropriations Bill ,
Court of Federal Claims ,
Damages ,
Government Payments ,
Health Insurance ,
Insurance Industry ,
Land of Lincoln Mutual Health Insurance Co. v. United States ,
Maine Community Health Options v. United States ,
Moda Health Plan Inc. v. United States ,
Reimbursements ,
Remand ,
Repeal ,
Reversal ,
Risk Corridors Statute ,
SCOTUS ,
Tucker Act
On April 23, 2020, the U.S. Supreme Court decided County of Maui v. Hawaii Wildlife Fund, holding that the Clean Water Act requires a permit for a point source that emits pollutants into navigable waters through groundwater...more
4/24/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
On April 20, 2020, the U.S. Supreme Court decided Thryv, Inc. v. Click-to-Call Technologies, LP, holding that when the Patent and Trademark Office grants a petition for inter partes review and rejects a contention that the...more
4/21/2020
/ § 314(d) ,
§ 315(b) ,
§314(a) ,
§314(b) ,
America Invents Act ,
Appeals ,
Dissenting Opinions ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Non-Appealable Decisions ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Thryv Inc v Click-To-Call Technologies LP ,
Time-Barred Claims ,
Vacated
Rutledge v. Pharmaceutical Care Management Ass’n, No. 18-540.
Most states have enacted legislation regulating “pharmacy benefit managers”— businesses that act as middlemen between health insurers and pharmacies, earning...more
1/17/2020
/ Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Benefit Plan Reimbursements ,
Certiorari ,
Constitutional Challenges ,
Content-Based Restrictions ,
Denial of Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Final Written Decisions ,
First Amendment ,
Free Speech ,
Government Debt-Exception ,
Judicial Review ,
Pharmacy Benefit Manager (PBM) ,
Preemption ,
Railroad Retirement Act ,
Railroad Retirement Board (RRB) ,
Railroad Unemployment Insurance Act (RUIA) ,
Rate Regulations ,
Right To Appeal ,
Rutledge v Pharmaceutical Care Management Association ,
Salinas v United States Railroad Retirement Board ,
SCOTUS ,
Severability Doctrine ,
Stare Decisis ,
State Law Claims ,
TCPA
On November 25, 2019, the U.S. Supreme Court decided Thompson v. Hebdon holding that, in considering whether caps on individual campaign contributions violate the First Amendment, courts must compare the cap to others upheld...more
On June 27, 2019, the U.S. Supreme Court decided Department of Commerce v. New York, No. 18-966, holding that the Constitution’s Enumeration Clause allowed the government to ask census questions about citizenship, but the...more
6/28/2019
/ Administrative Procedure Act ,
Census ,
Citizenship ,
Department of Commerce v New York ,
Department of Justice (DOJ) ,
Discovery ,
Enumeration Clause ,
National Origin Discrimination ,
Race Discrimination ,
Remand ,
U.S. Commerce Department ,
Undocumented Immigrants ,
Voting Rights Act