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Constitutional Challenges

Jenner & Block

Client Alert: Tariffs Cancelled By Courts—Or Are They?

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Two courts this week invalidated the tariffs issued by the President under the International Emergency Economic Powers Act (IEEPA). First, late Wednesday night (May 28), the US Court of International Trade (CIT) in V.O.S. v....more

Bradley Arant Boult Cummings LLP

New York Court of Appeals Finally Agrees to Hear Constitutional Challenges to FAPA

After years of denying review, the New York Court of Appeals — the state’s highest court — agreed to address the question of whether New York’s momentous Foreclosure Abuse Prevention Act (FAPA) applies retroactively. On May...more

Dorsey & Whitney LLP

The Supreme Court Update - June 2, 2025

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The Supreme Court of the United States granted certiorari in four cases today: Bost v. Illinois State Board of Elections, No. 24-568: This case involves an Illinois law that required mail-in ballots to be counted as long...more

Keating Muething & Klekamp PLL

Federal Court Strikes Down Part of EEOC Rule Requiring Accommodations for Elective Abortion Under the PWFA

As we previously reported, in April 2024 the Equal Employment Opportunity Commission (EEOC) issued its final regulations implementing the Pregnant Workers Fairness Act (PWFA). Among other things, the rule stated that...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - June 2025

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A Native American advocacy group has filed a federal civil rights lawsuit against the New York Board of Regents to stop a rule that prohibits the use of indigenous mascots in public schools from taking effect, saying the ban...more

Goodwin

Prescription Drug Affordability Review Boards - 2025 Update

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Prescription Drug Affordability Boards (PDABs) are becoming a larger part of the state drug price regulatory landscape. The boards are regulatory bodies that review the affordability and cost of specific prescription drugs. ...more

Snell & Wilmer

U.S. Attorney General Issues Memorandum to DOJ Regarding Enforcement of Prohibitions on Healthcare for Transgender Children

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On April 22, 2025, U.S. Attorney General Pam Bondi released a memorandum outlining new Department of Justice (DOJ) enforcement measures aimed at limiting gender-affirming care for transgender youth (the Memorandum).1 The AG...more

Torres Trade Law, PLLC

Court of International Trade Blocks Most Trump Tariffs

On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (“CIT”) held that all Trump administration tariff actions based on the International Emergency Economic Powers Act (“IEEPA”) are unconstitutional....more

Lathrop GPM

Trump Tariffs Remain in Place...For Now

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On May 29, a federal appeals court temporarily reinstated key portions of the Trump administration’s tariff strategy, just one day after a trade court ruling threatened to derail it. ...more

Ice Miller

Historic Rulings on Tariffs Set Stage for Potential Supreme Court Showdown

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On May 29, 2025, the U.S. District Court for the District of Columbia issued two historic rulings in the case of Learning Resources, Inc., et al., vs. Donald Trump, et al. First, it ruled that the Court of International Trade...more

Sheppard Mullin Richter & Hampton LLP

Oregon Federal Judge Strikes Down State Law Requiring Labor Peace Agreements for Cannabis Licensure and Certification – OLCC Will...

On Tuesday May 20, 2025, U.S. District Judge for the District of Oregon, Michael H. Simon issued a decision in Casala LLC, d/b/a Bubble’s Hash and Rec Rehab Consulting LLC, d/b/a Ascend Dispensary v. Tina Kotek, in her...more

Venable LLP

New ERC Cutoff in “One Big Beautiful Bill” Runs into Serious Parliamentary and Constitutional Headwinds

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The House reconciliation measure branded the “One, Big, Beautiful Bill” (OBBB) would bar the IRS from paying any Employee Retention Credit (ERC) refund claims filed after January 31, 2024. Section 112205 of OBBB also imposes...more

Constangy, Brooks, Smith & Prophete, LLP

The demise of disadvantaged business enterprises

The U.S. DOT agrees to end contract goals for DBEs. In 1983, Congress enacted the Disadvantaged Business Enterprise Program, which requires that the Department of Transportation spend ten percent of federal highway...more

Cooley LLP

Trump’s Initiative to Revoke Harvard’s Tax-Exempt Status: Implications for Higher Education

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President Donald Trump has repeatedly threatened to strip the tax-exempt status from colleges and universities. Most recently, on May 2, Trump announced in a social media post, “We are going to be taking away Harvard’s Tax...more

Cozen O'Connor

U.S. Court of International Trade Enjoins IEEPA Tariffs, But Federal Circuit Stays the Injunctions

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On May 28, 2025, the U.S. Court of International Trade (USCIT) issued a decision vacating and permanently enjoining many of the most economically significant tariff orders issued over the past four months by President Trump....more

Blake, Cassels & Graydon LLP

Intensification des contestations judiciaires visant les tarifs douaniers américains

Depuis le 1er février 2025, le président des États-Unis Donald Trump a publié un certain nombre de décrets-lois imposant des tarifs douaniers à des pays du monde entier, dont le Canada. Alors que le paysage tarifaire est en...more

Blake, Cassels & Graydon LLP

U.S. Court of International Trade Rules on Legality of Tariffs

On May 28, 2025, the United States Court of International Trade (CIT), a U.S. federal court with special expertise in customs and international trade laws, released the anticipated first ruling on the lawfulness of tariffs...more

Orrick, Herrington & Sutcliffe LLP

Trade organization challenges CFPB’s final PACE rule

On May 28, the U.S. District Court for the Middle District of Florida received a complaint from a trade organization representing the residential Property Assessed Clean Energy (PACE) industry. The complaint challenged the...more

Holtzman Vogel Baran Torchinsky & Josefiak

No Winners in Last Wednesday’s Khalil Decision

New Jersey District Court Judge Michael Farbiarz ruled last Wednesday on Mahmoud Khalil’s petition for a preliminary injunction, one that, if granted, could have seen Khalil freed from the Louisiana prison in which he is now...more

Holtzman Vogel Baran Torchinsky & Josefiak

In-Compliance: Holtzman Vogel's May 2025 Political Law Round-Up

DOJ Declines to Defend Party Coordinated Expenditure Limits Before Supreme Court, Urges Court to Invalidate Limits - On May 19, 2025, the U.S. Department of Justice (DOJ) responded to the petition for writ of certiorari...more

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

Louisiana Community Air Monitoring Reliability Act: Environmental Organizations File Challenge in United States District Court...

The Environmental Integrity Project and Public Citizen Litigation Group (collectively, “EIP”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Middle District...more

Wiley Rein LLP

CIT Strikes Down Trump’s IEEPA Tariffs, Federal Circuit Grants Temporary Stay

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On May 28, 2025, a three-judge panel of the U.S. Court of International Trade (CIT) invalidated President Trump's tariffs declared under the International Emergency Economic Powers Act (IEEPA). The next day, the U.S. Court of...more

Brownstein Hyatt Farber Schreck

Court Orders Threaten President Trump’s Tariff Regime

Current State of Play: The United States Court of Appeals for the Federal Circuit consolidated and temporarily stayed the first decision from the U.S. Court of International Trade (USCIT). This temporary stay keeps the...more

Gray Reed

Federal Appeals Court Temporarily Reinstates Trump’s Tariffs: What It Means for Trade, Business and Presidential Power

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The ongoing legal and political saga surrounding President Donald Trump’s tariffs has taken an expected turn following the U.S. Court of International Trade’s surprise ruling earlier this week. A federal appeals court has...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court Sides with Trump Regarding Removal of NLRB and MSPB Members, and Suggests that the Federal Reserve is Different

The United States Supreme Court has granted the Trump Administration’s request to stay United States District Court Judge Beryl Howell’s order reinstating Gwynne Wilcox to the National Labor Relations Board (NLRB) and Cathy...more

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