On Wednesday, the Supreme Court heard oral arguments in Federal Communications Commission v. Consumers’ Research (consolidated with SHLB Coalition v. Consumers’ Research), a case about the role of executive administrative...more
On March 18, President Trump fired the two Democratic commissioners of the Federal Trade Commission (FTC). The removals of Alvaro Bedoya and Rebecca Kelly Slaughter are the latest in a series of executive actions that will...more
3/20/2025
/ Administrative Procedure Act ,
Appeals ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Hiring & Firing ,
Political Parties ,
Precedential Opinion ,
SCOTUS ,
Termination ,
Trump Administration
Last week, President Trump issued two executive orders aimed squarely at upending the long-accepted authority and independence of certain federal agencies. The first order, Ensuring Accountability for All Agencies, derides...more
2/24/2025
/ Administrative Authority ,
Constitutional Challenges ,
Department of Government Efficiency (DOGE) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Government Agencies ,
NLRB ,
OIRA ,
OMB ,
SCOTUS ,
Trump Administration
It’s October and, in addition to playoff baseball, that means the Supreme Court is back in session. The Court has chosen to hear arguments in two cases with significant ramifications for advertising law....more
These days, it seems like there are three guarantees in life—death, taxes, and monumental Supreme Court administrative law opinions in the summer. As you’ve probably heard by now, the trend continues this year, including...more
7/11/2024
/ Administrative Procedure Act ,
AMG Capital Management LLC v FTC ,
Chevron Deference ,
Consumer Financial Protection Bureau (CFPB) ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Regulatory Authority ,
ROSCA ,
Rulemaking Process ,
SCOTUS ,
Statutory Interpretation ,
Subscription Services ,
UDAAP ,
Unfair or Deceptive Trade Practices
On June 28, 2024, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. The opinions overturned the long-standing "Chevron doctrine," under which...more
7/9/2024
/ Chevron Deference ,
Chevron v NRDC ,
Congressional Intent ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
SCOTUS ,
Statutory Authority ,
Statutory Interpretation
In a landmark decision issued last week, SEC v. Jarkesy, the Supreme Court held that the Seventh Amendment guarantees a defendant a jury trial when the SEC seeks civil penalties against the defendant for committing securities...more
7/8/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Article II ,
Article III ,
Civil Monetary Penalty ,
Constitutional Challenges ,
Enforcement Actions ,
Judicial Authority ,
Jury Trial ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Fraud ,
Securities Regulation ,
Seventh Amendment
In recent years, independent agencies have continued to face a number of constitutional and statutory challenges before the Supreme Court. AMG Capital Management struck down the Federal Trade Commission’s authority to obtain...more
10/16/2023
/ Administrative Agencies ,
Administrative Law Judge (ALJ) ,
AMG Capital Management LLC v FTC ,
Article II ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Due Process ,
Equal Protection ,
Federal Trade Commission (FTC) ,
Non-Delegation Doctrine ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC)
On October 3, the Supreme Court heard oral argument in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited, where the Court is reviewing the Fifth Circuit’s opinion that struck...more
10/5/2023
/ Administrative Agencies ,
Administrative Procedure Act ,
Appropriation ,
Chamber of Commerce ,
Constitutional Challenges ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Funding ,
Oral Argument ,
Payday Lending Rule ,
Payday Loans ,
SCOTUS ,
UDAAP
With the end of the Supreme Court’s term in June, most eyes have been on the release of the last remaining merits decisions. In the midst of issuing the final opinions of the term, the Court also granted certiorari on a...more
7/10/2023
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Consumer Financial Protection Bureau (CFPB) ,
Disgorgement ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Petition for Writ of Certiorari ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Seventh Amendment
The Supreme Court’s opinion last week in National Pork Producers Council v. Ross raises more questions than it answers regarding what state laws might violate the dormant Commerce Clause. California prohibits the in-state...more
The U.S. Supreme Court’s landmark decision unanimously reversing the Ninth Circuit in Axon Enterprise v. Federal Trade Commission is likely to represent a monumental shift in pre-enforcement challenges to administrative...more
On February 27, 2023, the Supreme Court granted the certiorari petition of the Consumer Financial Protection Bureau (CFPB) to hear a case that could cast doubt on all of the regulations that have been promulgated by the...more
In what could be a seminal case of the Internet age, the U.S. Supreme Court this week heard arguments in Gonzalez v. Google, its first case concerning the hotly debated Section 230 of the Communications Decency Act....more
If you had asked us last week, we would have predicted that the Supreme Court’s momentous AMG Capital Management, LLC v. FTC decision last year, in which the Court struck down the Federal Trade Commission’s nearly 50-year...more
1/27/2022
/ Administrative Authority ,
Administrative Procedure ,
Antitrust Investigations ,
Certiorari ,
Constitutional Challenges ,
Due Process ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Judicial Review ,
Jurisdiction ,
SCOTUS