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Constitutional Law Wills, Trusts, & Estate Planning

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:
White & Case LLP

The US Supreme Court Fixes Constitutional Defect in the AIA by Making PTAB Decisions Reviewable by the USPTO Director

White & Case LLP on

On June 21, 2021, the US Supreme Court issued its decision in Arthrex, Inc. v. Smith & Nephew, Inc., No. 19-1434. The Court found that the provisions of the America Invents Act establishing inter partes review proceedings...more

Burr & Forman

Biden Administration Removes FHFA Director Following SCOTUS Decision

Burr & Forman on

On June 23, 2021, the Supreme Court of the United States (“Supreme Court”) ruled that the director of the Federal Housing Finance Agency (“FHFA”) must be removable and that the tenure protections put in place by the 2008...more

Fish & Richardson

What to Know about the Supreme Court’s Arthrex Decision

Fish & Richardson on

On Monday, the Supreme Court issued its decision in three related appeals popularly called Arthrex. We previously published an alert with a summary of the different opinions in that decision. This alert focuses more on...more

Jones Day

Arthrex: Unreviewable APJ Authority Incompatible with Appointments Clause

Jones Day on

In United States v. Arthrex Inc., the U.S. Supreme Court agreed with the Federal Circuit that the pre-Arthrex Patent Trial and Appeal Board (PTAB) regime of Administrative Patent Judge decisions being insulated from executive...more

Fish & Richardson

Supreme Court Issues Opinion in U.S. v. Arthrex

Fish & Richardson on

In U.S. v. Arthrex, Inc. (19-1434); Smith & Nephew, Inc. v. Arthrex, Inc. (19-1452); and Arthrex, Inc. v. Smith & Nephew, Inc. (19-1458), a splintered Supreme Court agreed with the Federal Circuit that there is a problem at...more

Proskauer - California Employment Law

Board of Directors Quota Law May Be Unconstitutional

Meland v. Weber, ___ F.3d ___, 2021 WL 2521615 (9th Cir. 2021) In 2018, the California Legislature enacted Senate Bill 826, which requires all corporations headquartered in California to have a minimum number of females on...more

JD Supra Perspectives

On Caniglia v Strom and Community Caretaking: Q&A with Shay Dvoretzky and Emily Kennedy of Skadden

JD Supra Perspectives on

In a 9-0 opinion by Justice Thomas, the Supreme Court held that the “community caretaking” exception does not extend to the home, narrowing police powers to search homes without a warrant and repudiating the First Circuit’s...more

Hodgson Russ LLP

Supreme Court Sides with Student in First Amendment Case

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In just an 11 page opinion issued earlier today, the United States Supreme Court addressed for the first time how far a school district can go in disciplining a student for off-campus speech....more

McAfee & Taft

Nevertheless, the Affordable Care Act persisted

McAfee & Taft on

On June 17, 2021, the U.S. Supreme Court issued its ruling in California v. Texas on a challenge to the constitutionality of the Affordable Care Act (ACA).  This was the third major challenge to the ACA since it was enacted...more

Jackson Walker

U.S. Supreme Court Rules High School Cheerleader Cannot Be Disciplined for Criticizing School’s Decision Keeping Her Off Varsity...

Jackson Walker on

For the first time in over 50 years, a high school student has won a free speech case in the Supreme Court. In a narrow decision issued on June 23, 2021, an 8-1 majority (including all but Justice Clarence Thomas) ruled that...more

Morrison & Foerster LLP - Federal Circuitry

Early Hints About What Happens Next After Arthrex

Now that we have the Supreme Court’s big decision in Arthrex, which we wrote about here, many of us are wondering what the next steps will look like. We may know sooner rather than later. Today, the Federal Circuit issued a...more

Foley Hoag LLP

Supreme Court in United States v Arthrex Salvages Administrative Patent Judge Statute, Declares PTO Director Can Review Final...

Foley Hoag LLP on

The Constitution’s Article II “Appointments Clause” requires the President, with the advice and consent of the Senate, to appoint “officers” of the United States. In United States v. Arthrex, Inc., the Supreme Court reviewed...more

Foley Hoag LLP

Supreme Court Upholds Student First Amendment Rights, Limits School District Authority to Discipline for Off-Campus Speech

Foley Hoag LLP on

The United States Supreme Court today released its opinion in Mahanoy Area School District v. B.L., holding that the First Amendment protects most student speech from school disciplinary measures if such speech was not made...more

Morgan Lewis

Supreme Court Preserves PTAB But Requires USPTO Director Discretionary Review of PTAB Decisions

Morgan Lewis on

The US Supreme Court issued its highly anticipated decision on June 21 in United States v. Arthrex, Inc., addressing whether the authority of administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) to...more

King & Spalding

U.S. Supreme Court Upholds Affordable Care Act

King & Spalding on

On June 17, 2021, in California v. Texas, the Supreme Court rejected a challenge to the Patient Protection and Affordable Care Act (ACA) for the third time in nine years. Texas, 17 other states, and two individuals brought...more

Goodwin

Supreme Court Issues Decision in United States v. Arthrex, Inc.

Goodwin on

In the long-awaited decision in United States v. Arthrex, Inc., the U.S. Supreme Court confirmed that the Patent Trial and Appeal Board is unconstitutionally structured, but held that the correct remedy is more limited than...more

Dorsey & Whitney LLP

U.S. Supreme Court Decision Affects California Agricultural Growers

Dorsey & Whitney LLP on

On-farm agriculture operations have been excluded from federal labor law since 1935. California filled this gap by creating its own law in 1975, the California Agricultural Labor Relations Act (“ALRA”)....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Mahanoy Area School District v. B.L.

On June 23, 2021, the U.S. Supreme Court decided Mahanoy Area School District v. B.L., holding that a Pennsylvania public high school violated a student’s First Amendment rights when it suspended her from the cheerleading...more

Bricker & Eckler LLP

What happens at the Cocoa Hut, stays at the Cocoa Hut: U.S. Supreme Court determines school district’s discipline of cheerleader...

Bricker & Eckler LLP on

In a June 23, 2021, decision that reviewed the Mahanoy Area School District’s discipline of a cheerleader, the U.S. Supreme Court determined that the Third Circuit Court of Appeals had reached the right determination, but for...more

Fisher Phillips

Supreme Court Blocks Access to Company Property for Agricultural Union Organizing Absent Just Compensation

Fisher Phillips on

In an opinion authored by Chief Justice John Roberts, the Supreme Court yesterday issued a ruling that should result in a decrease in union organizing efforts for agricultural workers. In a 6-to-3 ruling in Cedar Point...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Cedar Point Nursery et al. v. Hassid et al.

On June 23, 2021, the U.S. Supreme Court decided Cedar Point Nursery et al. v. Hassid et al., holding that a California regulation that granted labor organizations a right to take access to an agricultural employer’s property...more

Seyfarth Shaw LLP

SCOTUS Doesn’t Want to Tell Us How They Really Feel About The ACA

Seyfarth Shaw LLP on

Dismissal of ACA Lawsuit Based Only on Standing Grounds - Seyfarth Synopsis: In Texas v. California, the Supreme Court rejected another challenge to the Affordable Care Act (“Obamacare” or “ACA”). The Court never reached...more

Rothwell, Figg, Ernst & Manbeck, P.C.

In United States v. Arthrex, the Supreme Court Delivers A Seemingly Simple Solution That May Prove More Complicated in Practice

This week, in United States v. Arthrex, Inc., the Supreme Court vacated and remanded a decision by the Court of Appeals for the Federal Circuit (“the CAFC”), holding that the administrative patent judges (“APJs”) at the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Collins v. Yellen

On June 23, 2021, the U.S. Supreme Court decided Collins v. Yellin, holding that: (1) shareholders could not bring a claim that the Federal Housing and Finance Agency (FHFA) violated the Housing and Economic Recovery Act of...more

Ballard Spahr LLP

SCOTUS Rules Against Unions On California Farm Access

Ballard Spahr LLP on

The United States Supreme Court (“Supreme Court”) has dealt a blow to organized labor, striking down as unconstitutional a California law that permitted union organizers access to agricultural company land to speak with...more

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JD Supra Privacy Policy

Updated: Apr 27, 2021:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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