News & Analysis as of

Constitutional Challenges Supreme Court of the United States Biden Administration

Proskauer - Labor Relations Update

BREAKING: Full D.C. Circuit Restores Status Quo Ante, for a Second Time, at the NLRB

As the firing carousel continues, on April 7, 2025, the full United States District Court of Appeals for the D.C. Circuit vacated the panel’s stay and ordered the reinstatement of National Labor Relations Board (“NLRB” or...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

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

Member of Congress Introduces Bill to Abolish Occupational Safety and Health Administration

U.S. Representative Andy Biggs (R-AZ) first introduced the “Nullify the Occupational Safety and Health Administration Act” or “NOSHA Act” in November 2021, legislation aimed at abolishing the Occupational Safety and Health...more

Perkins Coie

Supreme Court Declines to Hear Tenth Circuit Case Challenging President’s Procurement Act Authority

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The Biden-era effort to raise the minimum wage for employees of federal contractors will not, for now, get a final say by the Supreme Court of the United States. Rather, legal challenges will continue to muddy the issue...more

Schwabe, Williamson & Wyatt PC

Fifth Circuit Reverses Injunction on Federal Contractor Minimum Wage

On February 4, in Texas v. President Trump & Department of Labor, a Fifth Circuit panel reversed a permanent injunction issued by the U.S. District Court for the Southern District of Texas. The injunction prohibited the...more

Ballard Spahr LLP

NLRB Board Member Challenges President Trump’s Executive Power

Ballard Spahr LLP on

On September 6, 2023, Democratic member Gwynne Wilcox was appointed to the NLRB by former President Joe Biden. Her five-year term was scheduled to end in 2028. ...more

Epstein Becker & Green

Navigating Executive Orders: Insights and What Lies Ahead

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On January 20, 2025, a new administration took control of the Executive Branch of the federal government, and it has signaled that it will make aggressive use of executive orders....more

Parker Poe Adams & Bernstein LLP

Supreme Court Lets Federal Contractor Minimum Wage Hike Stand

Last week, the U.S. Supreme Court declined to hear an appeal of a Tenth Circuit Court of Appeals decision upholding former President Joe Biden’s executive order increasing the minimum wage applicable to employees of certain...more

Epstein Becker & Green

A Primer on Executive Orders and a Preview of the Road Ahead

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On January 20, 2025, a new administration took control of the Executive Branch of the federal government, and it has signaled that it will make aggressive use of executive orders....more

Freeman Law

Posts, Profits, & Penalties | Tax Law & Social Media | Part 1

Freeman Law on

A popular social media platform has been a hot topic for lawmakers, the media, and its users recently, and what a better way to kick off this series than to provide a summary and update of its status in the United States....more

Jackson Lewis P.C.

Supreme Court Won’t Consider Federal Contractor Minimum Wage Mandate

Jackson Lewis P.C. on

The Supreme Court on Monday, Jan. 13, 2025, declined to take up a decision addressing the president’s authority under the Procurement Act to issue a minimum wage mandate for employees working on federal government contracts....more

DarrowEverett LLP

Vibe Check on TikTok: Legal Changes May Force App to Take the L

DarrowEverett LLP on

The future of TikTok is on the table in the United States. As has been widely covered, in April 2024, Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”), which...more

Ballard Spahr LLP

President Biden Vetoes Congressional Override of CFPB Section 1071 Small Business Lending Rule

Ballard Spahr LLP on

As previously reported, the U.S. House of Representatives, by a vote of 221-202, voted under the Congressional Review Act to override the CFPB’s final Section 1071 small business lending rule (1071 Rule), and the U.S. Senate,...more

Ballard Spahr LLP

House votes to override CFPB small Business lending rule

Ballard Spahr LLP on

Last week, by a vote of 221-202, the House of Representatives voted to approve S.J. 32, the resolution introduced under the Congressional Review Act to override the CFPB’s final Section 1071 small business lending rule (1071...more

Troutman Pepper Locke

Update: Congress Passes Resolutions to Override CFPB’s Section 1071 Final Rule, Biden Vows to Veto

Troutman Pepper Locke on

As discussed here, this summer, Representative Roger Williams (R-Texas) and Senator John Kennedy (R-La.) introduced identical Congressional Review Act (CRA) resolutions in the U.S. House and Senate (H.J. Res. 66 and S. J....more

Robinson+Cole Data Privacy + Security Insider

Supreme Court to Decide Federal Government’s Ability to Engage with Social Media Companies in Content Moderation

After previously finding that the Biden White House and the FBI likely violated First Amendment free speech protections for some users of online social media platforms, the Fifth Circuit expanded its ruling to find that the...more

Pullman & Comley - Labor, Employment and...

Red Light, Green Light: A Status Update on Federal Vaccine Mandates for Private Employers

OSHA’s Emergency Temporary Standard - On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) requiring most employers with 100 or more employees to either...more

Lowndes

OSHA Throws in Towel on Emergency "Vaccinate-or-Test" Mandate; Permanent Rule Looms

Lowndes on

Wednesday, OSHA formally withdrew the ETS (large employer "vaccinate-or-test" rule) as a binding, enforceable emergency temporary standard. OSHA took this action after the U.S. Supreme Court blocked OHSA from implementing its...more

Kohrman Jackson & Krantz LLP

Biden Administration Withdraws Workplace Vaccine Mandate

The Occupational Safety and Health Administration (OSHA) formally withdrew the COVID-19 vaccine mandate for large private employers effective Jan. 26, 2022. This announcement follows the United States Supreme Court’s recent...more

Bodman

OSHA Withdraws the Vaccinate-or-Test Emergency Temporary Standard

Bodman on

On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) released its controversial Emergency Temporary Standard (“ETS”), which required “large” employers to implement COVID-19 vaccine mandates or...more

Kohrman Jackson & Krantz LLP

After Scotus Ruling On Vax Mandate, What’s Next For Employers?

On Jan. 13, 2022, the United States Supreme Court (SCOTUS) granted an emergency request for relief staying the Occupational Safety and Health Administration’s Emergency Temporary Standard (ETS), requiring all employers with...more

Levenfeld Pearlstein, LLC

Supreme Court Halts OSHA Vaccine/Testing Mandate, But Permits Healthcare Industry Requirement

Recently, the U.S. Supreme Court blocked the OSHA Emergency Temporary Standard (“ETS”) that would have required all employers with 100+ employees to mandate vaccination or testing, while allowing the Department of Health and...more

Stinson - Government Contracting Matters

More Administration Actions on the COVID-19 Vaccination Front

The Biden Administration continues its march towards implementation and enforcement of permanent vaccination mandates. OSHA withdraws OSHA Emergency Temporary Standard (ETS) - On January 13, 2022, the Administration’s...more

Littler

Federal OSHA Withdraws its Vaccine-or-Test ETS: What’s Next?

Littler on

On January 26, 2022, the federal Occupational Safety and Health Administration (OSHA) withdrew its COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), which required large employers to ensure that their...more

FordHarrison

OSHA Withdraws COVID-19 Shot-Or-Test Emergency Rule

FordHarrison on

The Occupational Safety and Health Administration (OSHA) is withdrawing its COVID-19 vaccination or testing rule that previously applied to large employers. The withdrawal follows the U.S. Supreme Court’s January 13 decision...more

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