News & Analysis as of

Constitutional Challenges Department of Justice (DOJ) Due Process

Littler

DOJ Files a Statement of Interest in a Federal Lawsuit Against the NY Department of Health and Court Issues a Preliminary...

Littler on

As previously discussed, in Engesser v. McDonald, a class of Medicaid beneficiaries who receive personal care and home care services through New York’s CDPA Program (Consumers), and two independent living centers...more

Fox Rothschild LLP

Federal Judge Blocks Trump’s Orders Limiting DEI in Government and Business

Fox Rothschild LLP on

Key parts of President Donald Trump’s executive orders (EOs) seeking to dismantle diversity, equity and inclusion (DEI) programs in the public and private sector were enjoined nationwide on Feb. 21 by a federal district court...more

Jackson Lewis P.C.

DHS Expands Categories of Individuals Subject to Expedited Removal (Deportation)

Jackson Lewis P.C. on

The U.S. Department of Homeland Security (DHS) has published a notice expanding the ability of Immigration and Customs Enforcement (ICE) to remove individuals deemed unlawfully present in the United States who are unable to...more

Perkins Coie

Split Ninth Circuit Opinion Imposes Due Process Requirements for “In Rem” Forfeiture of Foreign Assets

Perkins Coie on

In United States v. Nasri, the U.S. Court of Appeals for the Ninth Circuit held that the U.S. government must satisfy Due Process requirements before it can seek civil forfeiture of assets located abroad. The 2-1 split panel...more

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

Race and Sex Stereotyping Executive Order Subject to Preliminary Injunction

Some anticipate that President-elect Joseph Biden will revoke the Trump administration’s Executive Order (EO) 13950 that restricts the content of certain diversity-related workplace trainings. On December 22, 2020, the United...more

Sheppard Mullin Richter & Hampton LLP

Axon Sues FTC Over Use of Administrative Adjudication in Merger Investigations

On January 3, 2020, Axon Enterprises Inc. filed a complaint against the Federal Trade Commission in the United States District Court for the District of Arizona challenging the constitutionality of the FTC’s administrative...more

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