News & Analysis as of

Arbitrary and Capricious Supreme Court of the United States

Cozen O'Connor

Ohio and Kansas AGs Seek Stay of EPA Air Quality Rule by the Supreme Court

Cozen O'Connor on

Ohio AG Dave Yost and Kansas AG Kris Kobach have completed briefing on their emergency application with the U.S. Supreme Court to stay the EPA’s “Reconsideration of the National Ambient Air Quality Standards for Particulate...more

Epstein Becker & Green

Texas Court Shoots Down FTC Noncompete Ban Nationwide

Epstein Becker & Green on

Ten days ahead of her self-imposed deadline, Judge Ada Brown of the Northern District of Texas issued a memorandum opinion and order granting the plaintiffs’ motions for summary judgment, setting aside the Federal Trade...more

Nossaman LLP

Supreme Court Clarifies Requirement for Agencies to Respond to Public Comments on Proposed Rulemakings

Nossaman LLP on

The week of June 23, 2024, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court clarified in a 5-4 decision that if a federal agency fails to provide a reasoned response to comments raised during the rulemaking...more

Vinson & Elkins LLP

“No More Non-Competes,” Part Three: Texas Judge Issues Limited Order Partially Blocking FTC Noncompete Rule

Vinson & Elkins LLP on

As we previously addressed, on April 24, 2024, the Federal Trade Commission (“FTC”) voted to finalize its rule prohibiting businesses from entering into or enforcing non-compete clauses in nearly all agreements with workers...more

Vinson & Elkins LLP

Repurchase Redo: Fifth Circuit Court of Appeals Orders SEC to Correct Share Repurchase Rule Defects

Vinson & Elkins LLP on

Evaluating a broad spectrum of challenges raised by the U.S. Chamber of Commerce and others, a unanimous panel of the U.S. Court of Appeals for the Fifth Circuit recently held that the SEC failed to provide a sufficient...more

BakerHostetler

Supreme Court Orders That Mifepristone Remain Widely Available Pending Appeal in Fifth Circuit

BakerHostetler on

On Friday, April 7, the Northern District of Texas issued a decision blocking the prescribing and dispensing of mifepristone nationwide. The court held that plaintiffs had a substantial likelihood of success on the merits...more

Cozen O'Connor

SCOTUS Grants Republican AGs Stay on Title 42 Immigration Authority

Cozen O'Connor on

The U.S. Supreme Court granted a request from a group of 19 GOP AGs to extend Title 42 immigration authority that was set to expire December 21. The Title 42 restrictions were put in place by the Trump administration in March...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Jackson Lewis P.C.

Court Decision Restores Affordable Care Act’s Discrimination Protections For Transgender Patients

Jackson Lewis P.C. on

A New York court has restored anti-discrimination protections for transgender patients under the Affordable Care Act (ACA). Walker et al. v. Azar et al., No. 20-cv-2834 (E.D.N.Y. Aug. 17, 2020). Section 1557 of the ACA...more

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

DHS Limits Scope of DACA - No New Applications, Restrictions on Advance Parole, Shortened Renewals

On July 28, 2020, only six weeks after the Supreme Court of the United States blocked the U.S. Department of Homeland Security’s (DHS) attempt to end the Deferred Action for Childhood Arrivals (DACA) program, DHS issued a...more

Clark Hill PLC

Supreme Court Ruling Could Impact the Future of DACA

Clark Hill PLC on

On June 18, 2020, the US Supreme Court ruled that the Trump Administration's termination of the Deferred Action for Children Arrivals (DACA) program violated Federal law....more

Sheppard Mullin Richter & Hampton LLP

What Does the Supreme Court DACA Decision Mean for DACA Employers and Employees?

Court Decision - On June 18, 2020, the U.S. Supreme Court ruled that the U.S. Department of Homeland Security (DHS) decision in 2017 to rescind the Deferred Action for Childhood Arrivals (DACA) program violated the...more

Ballard Spahr LLP

Supreme Court Invalidates DHS Rescission Of DACA Program: Implications For Payday Lenders

Ballard Spahr LLP on

In an opinion authored by Chief Justice Roberts (the “DACA Opinion”), the Supreme Court has concluded that the rescission of the DACA program by the U.S. Department of Homeland Security (DHS) was arbitrary and capricious and...more

Dickinson Wright

The DACA Decision – Supreme Court’s Ruling Provides Temporary Uncertain Relief

Dickinson Wright on

The Trump administration has already announced its goal to end the Deferred Action for Childhood Arrivals (DACA) policy commenced on June 15, 2012 by President Obama within the next six months post the decision of the U.S....more

Morgan Lewis

US Supreme Court Blocks DACA Rescission, for Now

Morgan Lewis on

In a landmark 5–4 decision issued June 18, the US Supreme Court held that the Department of Homeland Security’s rescission of the Deferred Action for Childhood Arrivals (DACA) program was unlawful agency action....more

DirectEmployers Association

DACA Roller Coaster Continues as SCOTUS Strikes Down Trump Administration Rescission of Program, but ALSO Says the President May...

Breaking the hearts of conservatives for the second time in a week, Chief Justice John Roberts penned a 5-4 majority decision striking down the Trump Administration’s 2017 rescission of the Deferred Action for Childhood...more

Mintz - Immigration Viewpoints

DACA Supreme Court Decision – Further Analysis

As previously reported by Mintz, last week the U.S. Supreme Court upheld three lower court rulings, holding that President Trump’s 2017 move to rescind the Deferred Action for Childhood Arrivals (DACA) program was unlawful...more

Seyfarth Shaw LLP

A Win for Dreamers: Supreme Court Rejects Bid to end DACA

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court allows DACA to proceed on the grounds that DHS did not meet the regulatory Administrative Procedures Act requirements in rescinding the program. The Court did not rule on the legality of...more

Akin Gump Strauss Hauer & Feld LLP

U.S. Supreme Court Rules that Trump Administration’s Rescission of DACA Was Unlawful

- The U.S. Supreme Court held that the Trump administration did not properly terminate the DACA program under the APA. - The DACA program is restored to its full form, as it existed prior to the rescission in 2017. -...more

Miles & Stockbridge P.C.

Supreme Court Blocks Trump Administration’s Attempt to Rescind DACA Protections for Dreamers

On Thursday, June 18, the Supreme Court rejected the Trump Administration’s attempt to end the Deferred Action for Childhood Arrivals (DACA) program for undocumented immigrants brought to the country as children, known as...more

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

DACA Survives: SCOTUS Blocks Trump Administration Bid to End Deferred Action for Childhood Arrivals Program

On June 18, 2020, the Supreme Court of the United States issued its decision in DHS v. Regents of the University of California, No. 18-587, effectively blocking the U.S. Department of Homeland Security’s (DHS) attempt to end...more

Dorsey & Whitney LLP

The Supreme Court - June 18, 2020

Dorsey & Whitney LLP on

Department of Homeland Security v. Regents of Univ. of Cal., No. 18-587; Trump v. NAACP, No. 18-588; Wolf v. Vidal, No. 18-589: In 2012, the Department of Homeland Security (“DHS”) announced the Deferred Action for Childhood...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS Allows The DACA Program To Continue—For Now

The U.S. Supreme Court blocked the rescission of the Deferred Action for Childhood Arrivals program on June 18, 2020, finding that the Department of Homeland Security’s actions in retracting the immigration relief program...more

McGuireWoods LLP

U.S. Supreme Court Determines Action to Rescind DACA was Arbitrary and Capricious

McGuireWoods LLP on

On June 18, 2020, the U.S. Supreme Court issued a long-awaited decision regarding the Department of Homeland Security’s (“DHS”) choice to rescind the immigration program Deferred Action for Childhood Arrivals (“DACA”). The...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Department of Homeland Security v. Regents of the University of California

On June 18, 2020, the U.S. Supreme Court decided Department of Homeland Security v. Regents of the University of California, holding that the Department of Homeland Security’s rescission of Deferred Action for Childhood...more

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