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Brownstein Hyatt Farber Schreck

Supreme Court Hears Oral Argument in Consolidated Challenges to IEEPA Tariffs

On Nov. 5, the Supreme Court heard oral arguments to consider the legality of two separate challenges to the president’s use of the International Emergency Economic Powers Act (“IEEPA”) to impose tariffs in the consolidated...more

Polsinelli

Federal Circuit Denies Challenges to USPTO Director’s Discretionary Denial Decisions

Polsinelli on

Key Takeaways - The Federal Circuit upheld the USPTO director’s discretion to deny IPRs, rejecting due process and APA challenges to the agency’s evolving policy framework....more

Skadden, Arps, Slate, Meagher & Flom LLP

Five States Enact ‘FARA-Lite’ Laws, With Implementation Underway

States are increasingly enacting so-called foreign-influence laws, which generally fall into one of two categories: some are designed to restrict foreign political spending — extending beyond or restating the ban on...more

Holland & Knight LLP

California Courts Reemphasize That State Housing Laws Prevail Over City Codes

Holland & Knight LLP on

As state laws increasingly limit local government authority over housing production, cities and housing opponents have sought refuge in provisions of the California Constitution that give "charter cities" – cities that have...more

Miller Canfield

Free Speech or Misgendering? Sixth Circuit Strikes Down School Pronoun Policy

Miller Canfield on

Can a public school discipline students for using pronouns that reflect a classmate’s sex assigned at birth, rather than their gender identity? According to the Sixth Circuit’s en banc decision issued November 6, 2025, the...more

Quinn Emanuel

The White Collar Appeal: Ninth Circuit Decision in Regulatory Crime Case Raises Thorny Constitutional Questions

Quinn Emanuel on

Background - Gregory Pheasant was riding a dirt bike without a working taillight on land owned by the Bureau of Land Management (BLM) outside Reno, Nevada. Apparently the scourge of inadequately illuminated dirt bikes has...more

Carlton Fields

Florida Appeals Court Decisions Week of November 3 - 7, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Miller - sentencing - USA v. Carter - sex trafficking, evidence, Confrontation Clause, constructive amendment - Aguirre-Jarquin v. Hemmert - § 1983, IIED, qualified...more

Brownstein Hyatt Farber Schreck

Election 2025: Pennsylvania Judicial Retention

On Nov. 4, 2025, Pennsylvania voters faced a high-stakes statewide ballot: a simple yes/no vote on whether three incumbent justices of the Pennsylvania Supreme Court would be retained for another 10-year term. The justices up...more

Brownstein Hyatt Farber Schreck

Election 2025: California’s Prop 50 Passes

On Nov. 4, 2025, Californians voted in a special statewide election on Proposition 50, a constitutional amendment that authorizes the state legislature (and governor) to suspend the powers of the California Citizens...more

Brownstein Hyatt Farber Schreck

2025 Post-Election Outlook and Analysis

Democrats sweep key races: Voters delivered Democrats a dominant, high-visibility boost in four major races: the governors’ races in New Jersey and Virginia, New York City mayoral race and California redistricting ballot...more

Littler

Littler Lightbulb – October 2025 Employment Appellate Roundup

Littler on

Seventh Circuit Affirms Summary Judgment for University in Professor’s Race Bias Suit Saud v. DePaul University, 154 F.4th 563 (7th Cir. 2025), involved a former university professor’s claim of race discrimination in...more

Clark Hill PLC

Supreme Court Hears IEEPA Tariff Challenge: A Test of Presidential Power

Clark Hill PLC on

On November 5, 2025, the Supreme Court heard three hours of oral argument in the most consequential trade case in years, a challenge to the President’s use of the International Emergency Economic Powers Act (IEEPA) to impose...more

Orrick, Herrington & Sutcliffe LLP

What the Supreme Court Oral Arguments Mean for Tariff Payers and Tariff Refund Claim Buyers

The Supreme Court has heard oral argument in a case to determine whether the Trump administration’s sweeping tariff regime, imposed under the International Emergency Economic Powers Act (IEEPA), is lawful. ...more

Freeman Mathis & Gary

SCOTUS to Review Whether State Gender-Based Sports Designations Violate Title IX and Equal Protection Clause of the 14th Amendment

Freeman Mathis & Gary on

Does Title IX of the Education Amendments of 1972 and the Equal Protection Clause of the Fourteenth Amendment prevent states from designating separate girls’ and boys’ sports teams based on biological sex determined at birth?...more

McAfee & Taft

Speech in the private workplace: Observations and considerations following the death of Charlie Kirk

McAfee & Taft on

In the aftermath of the murder of Charlie Kirk this past September, both traditional media and social media platforms were abuzz with comments and opinions about the conservative activist and media personality’s life, death,...more

Brownstein Hyatt Farber Schreck

Election 2025: What to Watch From Other Notable Races

While marquee contests in Virginia, New Jersey, Pennsylvania, California and New York City dominated national political coverage during the 2025 off-year elections, several pivotal state-level races and ballot measures took...more

WilmerHale

Supreme Court Likely to Consider SB 253 and SB 261 Reporting in 2025

WilmerHale on

In 2023, California adopted two laws (SB 253 and SB 261) that will require reporting of greenhouse gas and climate-related financial risks by companies doing business in California beginning in 2026. The first compliance...more

Husch Blackwell LLP

Supreme Court Declines to Resolve Commerce Clause Challenge to Pennsylvania’s Consent-to-Jurisdiction Statute

Husch Blackwell LLP on

On October 6, 2025, the United States Supreme Court denied certiorari in Syngenta Crop, LLC v. Nemeth, passing on an opportunity to clarify its prior decision in Mallory v. Norfolk Southern and address whether Pennsylvania’s...more

Kelley Drye & Warren LLP

Supreme Court Hears Oral Arguments in Trump v. V.O.S. Selections, Inc. and Learning Resources, Inc. v. Trump Concerning...

On November 5, 2025, the U.S. Supreme Court heard oral arguments in the consolidated case of Trump v. V.O.S. Selections, Inc. and Learning Resources, Inc. v. Trump. This case is about presidential power. Specifically, the...more

Vinson & Elkins LLP

Breakdown of Supreme Court Oral Argument in the Tariff Cases and What Importers Should Be Prepared For, No Matter the Outcome

Vinson & Elkins LLP on

The Supreme Court held a marathon, nearly 3-hour oral argument yesterday, in what could be the most economically-impactful cases this Term: Learning Resources, Inc. v. Trump and Trump v. V.O.S. Selections (the “Tariff...more

Cozen O'Connor

Democratic AGs Defend Fed Independence

Cozen O'Connor on

Colorado AG Phil Weiser led a group of 23 Democratic AGs in filing an amicus brief in Trump v. Cook, urging the U.S. Supreme Court to reject President Trump’s request to immediately remove Federal Reserve Governor Lisa Cook...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Proposed Constitutional Amendment: Arkansas Attorney General Rejects Clean and Healthy Natural Environment Amendment

Arkansas Attorney General Tim Griffin transmitted a November 4th letter (Opinion No. 2025-110) to Jennifer Waymack Standerfer rejecting a popular name and ballot title for a proposed Arkansas constitutional amendment titled: ...more

Brownstein Hyatt Farber Schreck

Brownstein Challenges Colorado Law Prohibiting Medical Debt Reporting

On the heels of the Consumer Financial Protection Bureau’s (CFPB) interpretive rule issued last week explaining that the Fair Credit Reporting Act (“FCRA”) generally preempts state laws related to credit reporting, Brownstein...more

Brownstein Hyatt Farber Schreck

Election 2025: Redistricting Battlegrounds

An unprecedented mid-decade remapping process is already reshaping the 2026 House battlefield. Below is a concise inventory of what has happened, what is being challenged and what is likely next, plus the practical seat...more

Brownstein Hyatt Farber Schreck

Election 2025: Virginia Gubernatorial and Legislative Races

Governor: Abigail Spanberger (D) Victory  Former U.S. Rep. Abigail Spanberger (D) defeated Lt. Gov. Winsome Earle Sears (R) 57.2% to 42.6%, becoming the first woman ever elected governor of Virginia and restoring unified...more

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