News & Analysis as of

Constitutional Challenges Administrative Law Judge (ALJ) Regulatory Authority

McDermott Will & Emery

Federal Court Strikes Down LDT Final Rule

On March 31, 2025, the US District Court for the Eastern District of Texas struck down the US Food and Drug Administration’s (FDA) final rule under which FDA would have started regulating most laboratory-developed tests...more

Cranfill Sumner LLP

United States Supreme Court Upholds Biden Administration’s Regulation of Ghost Guns

Cranfill Sumner LLP on

In November 2023 we discussed the Fifth Circuit Court of Appeals’ decision to strike down a Biden-era firearm regulation concerning “ghost guns,” concluding that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)...more

Littler

Supreme Court’s 2024 Term Could Transform Labor and Employment Law

Littler on

At the end of its 2024 term, the U.S. Supreme Court handed down four decisions limiting the power of federal agencies. While none of those decisions involved a labor and employment agency, all of them could transform labor...more

Ballard Spahr LLP

SCOTUS to hear oral argument on Nov. 29 in case involving challenge to use of administrative law judges by federal agencies

Ballard Spahr LLP on

On November 29, 2023, the U.S. Supreme Court will hear oral argument in Jarkesy v. Securities and Exchange Commission, a case in which the respondents are challenging the constitutionality of the SEC’s use of administrative...more

Burr & Forman

The Assault on the SEC’s Administrative Citadel Continues

Burr & Forman on

A panel of the D.C. Circuit recently relied on Lucia and Cochran to enjoin a FINRA regulatory enforcement action pending appeal of an Appointments Clause challenge....more

BakerHostetler

Are Hospital Acquisitions with COPA Authorization Exempt from HSR Pre-Merger Notification?

BakerHostetler on

The Federal Trade Commission (FTC or the Commission) has experienced multiple recent setbacks with respect to its regulatory authority. Now a new dispute raises questions about whether hospital acquisitions with Certificate...more

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