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Administrative Procedure Act Constitutional Challenges Supreme Court of the United States

Stevens & Lee

Presidential Memorandum Calls for Scrutiny and Fast-Track Repeal of Regulations

Stevens & Lee on

President Trump issued a Memorandum on April 6 directing the heads of all executive departments and agencies to identify on a fast-track basis (60 days) certain categories of “unlawful and potentially unlawful” regulations...more

Troutman Pepper Locke

White House Issues Memorandum Directing Federal Agencies to Repeal Regulations Deemed to be Unlawful Pursuant to Recent U.S....

Troutman Pepper Locke on

On April 9, the White House issued a memorandum directing federal executive departments and agencies to repeal regulations deemed unlawful pursuant to certain U.S. Supreme Court decisions. This directive aims to address...more

Woods Rogers

Repeal, Not Replace: President Trump’s Directive To Deregulate

Woods Rogers on

On April 9, 2025, President Trump issued a Presidential Memorandum titled “Directing the Repeal of Unlawful Regulations,” marking a significant step in the Administration’s push to deregulate under the broader DOGE...more

FordHarrison

Supreme Court Temporarily Stays Reinstatement of NLRB Member Wilcox

FordHarrison on

National Labor Relations Board (NLRB) Member Gwynne A. Wilcox is out of a job, again, for the third time in less than four months....more

Wiley Rein LLP

Trump Directs Agencies to Quickly Repeal Unlawful Regulations, Without Notice-and-Comment

Wiley Rein LLP on

On April 9, 2025, President Trump signed a Presidential Memorandum (Memorandum) entitled Directing the Repeal of Unlawful Regulations. The Memorandum – part of a broader “Department of Government Efficiency” Deregulatory...more

Sheppard Mullin Richter & Hampton LLP

Chief Justice Roberts Allows Trump to Remove Wilcox from NLRB as the Supreme Court Considers the Challenge to Her Dismissal

National Labor Relations Board (“NLRB”) Member Gwynne Wilcox is out of a job for the third time in less than four months. Since President Donald Trump terminated Wilcox from her position on January 28, 2025, Wilcox’s...more

Proskauer - Labor Relations Update

U.S. Supreme Court Temporarily Stays NLRB Board Member Reinstatement; Board to Again Without a Quorum

On April 9, 2025, the Supreme Court of the United States issued a brief order, staying the District Court’s order reinstating former National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox. The Board is...more

Epstein Becker & Green

Another Win for the Administration, at Least for Now - SCOTUS Today

The motions docket of the U.S. Supreme Court remains busy. Following the April 4 decision in Department of Education v. California—in which the Court, treating a temporary restraining order (TRO) as if it were a preliminary...more

CDF Labor Law LLP

NLRB Again Without a Quorum

CDF Labor Law LLP on

Approximately three weeks ago, we reported that Judge Berly A. Howell, granted fired NLRB Board Member Gwynne A.Wilcox’s motion for summary judgment and reinstated her as a Board member. This decision restored the NLRB’s...more

Cozen O'Connor

Bipartisan AGs At Attention on Veterans’ Education Benefits

Cozen O'Connor on

A bipartisan coalition of 52 AGs filed an amicus brief in Yoon v. Collins, a case before the U.S. Court of Appeals for Veterans Claims, in support of two veterans and their families who challenged the denial of G.I. Bill...more

Lathrop GPM

Executive Orders and Their Limits - What Businesses Need To Know

Lathrop GPM on

An Executive Order is a signed, published directive issued by the President of the United States to manage operations within the federal government. These orders guide the actions of government officials and agencies, but do...more

Kelley Drye & Warren LLP

What’s Next at FTC Following Firings of Democratic Commissioners?

It’s been a week since the Trump administration fired FTC Commissioners Slaughter and Bedoya because their ​“continued service on the FTC is inconsistent with . . . administration priorities.” In the days since, we’ve been...more

Venable LLP

Trump Fires Democratic FTC Commissioners, Setting Up a Direct Challenge to Humphrey’s Executor

Venable LLP on

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

Foley & Lardner LLP

Amendments to the Amparo Law

Foley & Lardner LLP on

On March 13, 2025, several amendments to the Amparo Law were published. These amendments intend to harmonize the Amparo Law with the recent modifications made to the structure and operation of the Federal Judicial System...more

Frost Brown Todd

Sick of ALJs? The New Right to Federal Court During Agency Prosecutions

Frost Brown Todd on

Practitioners and scholars all agree that last summer, the U.S. Supreme Court overhauled the administrative state. And no, not simply by overturning Chevron, which was undoubtably the most significant decision of the Supreme...more

Goodwin

2024 Year in Review: Major US Supreme Court and Appellate Cases

Goodwin on

Welcome to the “Major US Supreme Court and Appellate Cases” chapter of our annual report, Consumer Financial Services: 2024 Year in Review. The Supreme Court continues to take a close look at major administrative law...more

Holland & Knight LLP

Reading the Tea Leaves: Supreme Court Dips Its Toe into Brewing Federal Spending Fight

Holland & Knight LLP on

The early days of the Trump Administration have featured a wide range of actions related to federal spending. This has included payment pauses, contract and grant terminations or reevaluations, lease terminations, changes in...more

Proskauer - Labor Relations Update

BREAKING: District Court Restores Status Quo Ante At NLRB

On March 6, 2025, a D.C. federal judge reinstated former National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox, restoring the Board to a quorum, which under the National Labor Relations Act (“NLRA” or the...more

Epstein Becker & Green

Textualism Again Comes to the Fore, Albeit with Contradictory Views on the Court - SCOTUS Today

Only a few readers of SCOTUS Today are lawyers who are professionally occupied with environmental matters. However, almost all of my readers are constantly occupied with administrative law matters, governed in the...more

Blank Rome LLP

Regulated Entities: It’s Time to Play Love It or Leave It with Federal Regulations

Blank Rome LLP on

Amidst the flurry of Executive Orders (“EOs”) that tends to accompany any new administration, one EO may have flown under the radar. But for the regulated community—which, these days, includes most businesses in some form or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Challenges Loom for OSHA and OSHRC Amid Quorum Issues, Potential ALJ Removals, and Recent Supreme Court Jurisprudence

“The Times They Are a-Changin’” isn’t just a Bob Dylan song title—it is also a fairly accurate description of what has been happening in the arena of the Occupational Safety and Health Administration (OSHA) and the...more

Blank Rome LLP

Deregulation of the Administrative State: Opportunities and Risks Presented by Recent Executive Order

Blank Rome LLP on

Amidst the flurry of Executive Orders (“EOs”) that tends to accompany any new administration, one EO may have flown under the radar. But for the regulated community—which, these days, includes most businesses in some form or...more

Carlton Fields

Executive Order Making “So-Called Independent Agencies” Directly Responsive to the President Is Another Nail in the Coffin of the...

Carlton Fields on

On February 18, 2025, the Trump administration issued its most straightforward attack on the discretion of what it described as “so-called independent agencies.” Executive order 14215, titled “Ensuring Accountability for All...more

Proskauer - Law and the Workplace

DOL’s Power to Set Salary Minimum for Overtime Exemption Ripe for SCOTUS Review

On February 14, 2025, the Fifth Circuit denied the appellants’ petition for rehearing en banc in Mayfield v. United States Dep’t of Labor—a September 2024 decision holding that the U.S. Department of Labor’s authority to...more

Davis Wright Tremaine LLP

New Administration Outlook: Trump's Executive Order on Independent Agencies—and Asserting the Unitary Executive (Part 1)

Despite the tone and tint of recent headlines, President Trump's February 18, 2025, "Ensuring Accountability for All Agencies" Executive Order (the "Accountability EO") appears to be the latest in a long line of efforts to...more

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