On June 28, 2024 the Supreme Court overruled the 40-year-old landmark ruling known as Chevron, a doctrine of administrative law that has until now required courts to defer to federal agencies’ interpretations of ambiguous...more
7/10/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Moss Act ,
NLRB ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation ,
Subject Matter Experts (SMEs) ,
Unions
On June 13 the U.S. Supreme Court heightened the standard a court must apply to an NLRB request for a preliminary injunction against an employer accused of violating federal labor law....more
The Biden Administration wasted no time in implementing some of the new President’s campaign promises relating to health insurance and the Affordable Care Act (“ACA”). First, on February 10 the Department of Justice filed a...more
4/9/2021
/ Administrative Procedure ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Association Health Plans ,
Biden Administration ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Individual Mandate ,
Internal Revenue Code (IRC) ,
Medicare ,
Medicare Part D ,
Popular ,
Regulatory Freeze ,
Religious Exemption ,
Rulemaking Process ,
SCOTUS ,
Self-Insured Health Plans ,
Trump Administration
After the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision last December, declared the Affordable Care Act’s (ACA’s) individual health insurance mandate unconstitutional as a result of Congress’ elimination of...more
7/27/2020
/ Affordable Care Act ,
Appeals ,
California v Texas ,
Constitutional Challenges ,
Contraceptive Coverage Mandate ,
Department of Justice (DOJ) ,
Exemptions ,
Health Insurance ,
Individual Mandate ,
SCOTUS ,
Texas v US ,
Trump Administration
On December 18, 2019 the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision which the court revised on January 9, declared the Affordable Care Act’s (ACA’s) individual health insurance mandate unconstitutional as...more
1/22/2020
/ Affordable Care Act ,
Appeals ,
Benefit Plan Sponsors ,
Congressional Authority ,
Contraceptive Coverage Mandate ,
Department of Justice (DOJ) ,
Employer Group Health Plans ,
Exemptions ,
Governor Murphy ,
Health Insurance ,
Individual Mandate ,
IRS ,
Motion to Expedite ,
New Legislation ,
SCOTUS ,
Severability Doctrine ,
Unconstitutional Condition ,
Vacated
On May 21 the U.S. Supreme Court resolved the question whether the National Labor Relations Act prevents an employer from enforcing an employee’s contractual waiver of the right to sue the employer on a class or collective...more
5/22/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
On June 26, the Supreme Court granted the Trump Administration’s petitions for certiorari and agreed to review next term the Fourth and Ninth Circuits’ decisions that affirmed broad injunctions against enforcement of the...more
On June 25, the U.S. Supreme Court, in a 6-3 decision, finally resolved a central issue under the Affordable Care Act (“ACA”) as to whether Congress’ failure to provide expressly for Federal subsidies to States that did not...more
In a unanimous decision issued June 26, 2014, the Supreme Court ruled that President Obama’s three so-called recess appointments to the National Labor Relations Board in January 2012 were unconstitutional and invalidated the...more