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Constitutional Law Health

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:
Saul Ewing LLP

As Changes in Washington Loom, Administrative Law Takes on New Significance

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Change in Washington, D.C. looms in light of the results of the recent presidential election. Institutions of higher education are asking what they can expect in the short term from the exiting Biden administration...more

Bodman

Federal Court Puts Enforcement of the Corporate Transparency Act on Hold

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A federal court in Texas issued a nationwide preliminary injunction on December 3, 2024 that puts enforcement of the Corporate Transparency Act (“CTA”) on hold....more

DLA Piper

DC Circuit rules White House CEQ lacks statutory authority to issue binding regulations under NEPA

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A split panel for the US Court of Appeals for the District of Columbia Circuit (DC Circuit) ruled on November 12, 2024, in Marin Audubon Society, et al. v. Federal Aviation Administration, et al. (Marin Audubon Society)...more

Polsinelli

Texas Federal Court Issues Nationwide Injunction Against Enforcement of the Corporate Transparency Act

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On December 3, 2024, the U.S. District Court for the Eastern District of Texas (Sherman Division) issued a preliminary injunction in favor of the plaintiffs in the case of Texas Top Cop Shop, Inc. et al. vs. Garland (U.S....more

Carlton Fields

Move Over Loper Bright — Nondelegation Doctrine Is Administrative State’s New Battleground

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Last term’s opinion in Loper Bright Enterprises v. Raimondo was a landmark in the U.S. Supreme Court’s administrative law jurisprudence, overturning 40 years of Chevron deference with a pen stroke. The Loper Bright/Chevron...more

Ruder Ware

Ding Dong, the CTA is DEAD!

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A federal district court in Texas has issued a landmark decision postponing the enforcement of the Corporate Transparency Act (the “CTA”). The Court held that the CTA exceeds Congress’ power and is therefore likely...more

Jones Day

New Year, New Illinois Employment Laws

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New legislation in Illinois introduces several changes, effective January 1, 2025, that will affect businesses with Illinois employees....more

Bass, Berry & Sims PLC

Ninth Circuit Deflates Contractor Minimum Wage Mandate

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On November 5, the Court of Appeals for the Ninth Circuit held that the president lacks the authority under the Federal Property and Administrative Services Act (FPASA or Act) to impose a $15 minimum wage on federal...more

BakerHostetler

Victory for Tornado Cash as Court Rules Sanctions Were Unlawful

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On November 26, 2024, in a three-judge panel decision, Van Loon v. U.S. Department of the Treasury, the United States Court of Appeals for the Fifth Circuit (Court) reversed a Texas district court and held that immutable...more

Morrison & Foerster LLP

Supreme Court Declines to Hear Challenge to Structure of CPSC

On October 21, 2024, the Supreme Court declined to hear a challenge to the structure of the Consumer Product Safety Commission (CPSC). As we explained in a previous blog post, under CPSC’s current structure, the president of...more

Moritt Hock & Hamroff LLP

Corporate Transparency Act Stayed As Federal Court Preliminary Determines Act To Be Unconstitutional

Yesterday, December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction in favor of the plaintiffs in the case of Texas Top Cop Shop, Inc. et al. vs. Garland (U.S. Attorney...more

Jackson Lewis P.C.

Breaking Up: Why U.S. Citizens Living Abroad Renounce Citizenship

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Approximately nine million U.S. citizens live or work abroad, and some want to renounce their U.S. citizenship. Many do so with regret but renounce to avoid various financial issues. Others consider themselves “accidental...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Federal Judge Invalidates Department of Labor's Minimum Salary Increases

On April 23, 2024, the Department of Labor (DOL) issued a Final Rule that significantly increased the minimum salary required for employees to be classified as exempt under the Fair Labor Standards Act (FLSA). Specifically,...more

Cranfill Sumner LLP

Texas Court Tosses Biden Overtime Exemption Rule

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In November, a Texas federal court struck down the Biden Department of Labor’s (DOL) rule that would have made millions of salaried workers eligible for overtime pay....more

DarrowEverett LLP

Injunction Halts Enforcement of Corporate Transparency Act: What’s Next?

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On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction temporarily blocking enforcement of the Corporate Transparency Act (CTA) and its reporting rule...more

Bradley Arant Boult Cummings LLP

Federal Court Rules That Illegal Acts Are Legal Because They Are Illegal: Cannabis Law in a Nutshell

I would love to hear from our award-winning readers if they are aware of a scenario when doing something illegal is legal because it’s illegal.  Another federal court in California ruled last week that the dormant Commerce...more

Perkins Coie

European AI Office Publishes First Draft General-Purpose AI Code of Practice

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In an effort led by industry experts and nearly 1,000 stakeholders, the European Union introduced the first draft of the General-Purpose AI (GPAI) Code of Practice (the Code), an important addition to its regulatory framework...more

Perkins Coie

Texas Court Invalidates Department of Labor’s 2024 Rule On Executive, Administrative and Professional Exemptions

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In a significant ruling, the United States District Court for the Eastern District of Texas has set aside a Department of Labor (DOL or Department) 2024 Rule, which sought to raise the minimum salary level for exemptions...more

Foley Hoag LLP - Energy & Climate Counsel

FERC’s Order No. 1920-A Invites States to Participate in Regional Transmission Cost Allocation Decisions

On November 21, 2024, FERC voted to approve Order No. 1920-A, an order on rehearing and clarification that modifies Order No. 1920, the May 2024 landmark regional transmission planning and cost allocation rule. In this post,...more

Holland & Hart - Your Trial Message

Expand Voir Dire

Here’s a welcome development: The state of Maryland has embarked on a pilot program to test out the effects of expanded voir dire. In many parts of the country (looking at you, Arizona) the ability of litigants to explore and...more

Brownstein Hyatt Farber Schreck

The Congressional Review Act: What It Is and How It Might Be Used in the 119th Congress

Republicans will soon find themselves in in control of the entire federal government—the White House, the Senate and the House of Representatives—for the first time since 2018. This new power dynamic in Washington has already...more

Venable LLP

Supreme Court to Consider Constitutionality of FCC's Universal Service Subsidies Under the Nondelegation Doctrine

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Last Friday, the Supreme Court granted certiorari in Federal Communications Commission v. Consumers' Research (consolidated with SHLB Coalition v. Consumers' Research), a case challenging the constitutionality of the Federal...more

Cooley LLP

Will SCOTUS revive the nondelegation doctrine? Cert. granted in Consumers’ Research v. FCC

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When SCOTUS granted cert. in SEC v. Jarkesy, the case challenging the constitutionality of the SEC’s administrative enforcement proceedings, one of the questions presented was whether the statute granting authority to the SEC...more

Kohrman Jackson & Krantz LLP

NLRB Overrules Longstanding Precedent on Captive-Audience Meetings

In a recent decision, the National Labor Relations Board (NLRB) reversed a 76-year-old precedent and held that employers violate the National Labor Relations Act (NLRA) when they compel employees to attend meetings where the...more

Mintz - Employment Viewpoints

Ontario Introduces Sixth Set of Employment Changes: What Employers Should Know

Ontario introduced Bill 229, Working for Workers Six Act, 2024 on November 27, 2024, the latest in a series of legislation amending employment laws in Ontario. If Bill 229 is passed as is, here are some of the key changes...more

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