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Trump Administration Requests Pauses in Several Supreme Court Cases to Reconsider Biden Administration Policies

On January 24, 2025, the Trump Administration asked the U.S. Supreme Court to pause briefing in several cases on the current merits docket. In making the request, Acting Solicitor General Sarah Harris explained that the new...more

Fifth Circuit Overturns SEC Approval of Nasdaq’s Board Diversity Rules

On December 11, 2024, the United States Court of Appeals for the Fifth Circuit, in a lengthy opinion, vacated the U.S. Securities and Exchange Commission’s (SEC) approval of Nasdaq’s board diversity rules in Alliance for Fair...more

Loper Bright’s Potential Effects on “Chevron-Like” Deference Doctrines

On June 28, 2024, the U.S. Supreme Court sent shockwaves across the administrative law landscape when it handed down Loper Bright Enterprises v. Raimondo, overruling the 40-year-old Chevron doctrine and its two-step framework...more

Supreme Court Holds That Federal Agencies May Seek Punitive Money Penalties Only Before A Jury

Last week the U.S. Supreme Court held in SEC v. Jarkesy that a defendant in a securities fraud suit has the right to be tried by a jury in an Article III court, rather than before an agency’s own tribunal. The Court’s...more

Supreme Court Decides That Parties May Facially Challenge Regulations – No Matter How Old – Within Six Years of Injury

Last week, in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, the U.S. Supreme Court held that the six-year statute of limitations that applies to facial challenges of agency action under the...more

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