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Constitutional Challenges Supreme Court of the United States Executive Orders

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Could Soon Rule on the Merits in Challenges to the Trump Administration - The Trump Administration’s First 100 Days

The U.S. Supreme Court has taken a cautious approach to the Trump administration’s wide-ranging actions....more

Stevens & Lee

Presidential Memorandum Calls for Scrutiny and Fast-Track Repeal of Regulations

Stevens & Lee on

President Trump issued a Memorandum on April 6 directing the heads of all executive departments and agencies to identify on a fast-track basis (60 days) certain categories of “unlawful and potentially unlawful” regulations...more

Troutman Pepper Locke

White House Issues Memorandum Directing Federal Agencies to Repeal Regulations Deemed to be Unlawful Pursuant to Recent U.S....

Troutman Pepper Locke on

On April 9, the White House issued a memorandum directing federal executive departments and agencies to repeal regulations deemed unlawful pursuant to certain U.S. Supreme Court decisions. This directive aims to address...more

Woods Rogers

Repeal, Not Replace: President Trump’s Directive To Deregulate

Woods Rogers on

On April 9, 2025, President Trump issued a Presidential Memorandum titled “Directing the Repeal of Unlawful Regulations,” marking a significant step in the Administration’s push to deregulate under the broader DOGE...more

Wiley Rein LLP

Trump Directs Agencies to Quickly Repeal Unlawful Regulations, Without Notice-and-Comment

Wiley Rein LLP on

On April 9, 2025, President Trump signed a Presidential Memorandum (Memorandum) entitled Directing the Repeal of Unlawful Regulations. The Memorandum – part of a broader “Department of Government Efficiency” Deregulatory...more

Vorys, Sater, Seymour and Pease LLP

The NLRB Saga Continues: Gwynne Wilcox Re-Reinstated as NLRB Member, Then Reinstatement Stayed By SCOTUS

In the latest chapter in the evolving fight over the scope of executive power, the en banc D.C. Circuit reversed its prior stay, pending appeal, of the District Court’s order to reinstate Gwynne Wilcox to the NLRB. This means...more

Foley Hoag LLP - Medicaid and the Law

Medina v. Planned Parenthood South Atlantic: Oral Arguments Focus on Statutory ‘Magic Words’

On April 2, 2025, the U.S. Supreme Court heard oral arguments in Medina v. Planned Parenthood South Atlantic. At issue in Medina is § 1902(a)(23) of the Social Security Act (the Act),1 or the “free-choice-of-provider”...more

Lathrop GPM

Executive Orders and Their Limits - What Businesses Need To Know

Lathrop GPM on

An Executive Order is a signed, published directive issued by the President of the United States to manage operations within the federal government. These orders guide the actions of government officials and agencies, but do...more

Mintz - Employment Viewpoints

The Intersection Between Corporate Free Speech Rights and the Recent DEI Executive Orders

As summarized in detail here, President Trump’s recent executive order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”) takes aim at non-compliant Diversity, Equity and Inclusion...more

Harris Beach Murtha PLLC

U.S. Supreme Court to Interpret 14th Amendment’s Citizenship Clause

On January 20, 2025, President Donald Trump signed Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship,” aiming to narrow the application of birthright citizenship in the United States. The...more

Jackson Lewis P.C.

SCOTUS to Consider Emergency Applications to Lift Nationwide Injunctions on EO Ending Birthright Citizenship?

Jackson Lewis P.C. on

The Trump Administration urged the U.S. Supreme Court to limit nationwide injunctions blocking enforcement of the executive order (EO) to end birthright citizenship. Following his inauguration on Jan. 20, 2025, President...more

Katten Muchin Rosenman LLP

President Trump Fires Two Democratic FTC Commissioners

On March 18, President Donald Trump fired the Democratic commissioners, Rebecca Slaughter and Alvaro Bedoya, from the Federal Trade Commission (FTC). This leaves two Republicans, Chairman Andrew Ferguson and Melissa Holyoak,...more

Venable LLP

Trump Fires Democratic FTC Commissioners, Setting Up a Direct Challenge to Humphrey’s Executor

Venable LLP on

On March 18, President Trump fired the two Democratic commissioners of the Federal Trade Commission (FTC). The removals of Alvaro Bedoya and Rebecca Kelly Slaughter are the latest in a series of executive actions that will...more

Ballard Spahr LLP

Trump fires Democratic members of FTC

Ballard Spahr LLP on

President Trump on Tuesday fired the remaining two Democratic members of the FTC, leaving only two Republicans on the commission. The commissioners, Alvaro Bedoy and Rebecca Slaughter, announced their dismissals on social...more

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

U.S. Department of Education’s ‘Dear Colleague’ Letter Prohibiting DEI and FAQs Document Challenged in Federal Court

On March 5, 2025, the National Education Association (NEA) and its New Hampshire affiliate (NEA-NH) sued the U.S. Department of Education, challenging a recently issued “Dear Colleague Letter” (DCL) that informed schools that...more

ArentFox Schiff

Two New Procedural Wrinkles That May Disincentivize Challenges to Federal Policies

ArentFox Schiff on

The first weeks of the Trump Administration have been defined by executive orders and new policies that were immediately challenged on constitutional or statutory grounds....more

Holland & Knight LLP

Reading the Tea Leaves: Supreme Court Dips Its Toe into Brewing Federal Spending Fight

Holland & Knight LLP on

The early days of the Trump Administration have featured a wide range of actions related to federal spending. This has included payment pauses, contract and grant terminations or reevaluations, lease terminations, changes in...more

Carlton Fields

DNC Files First Challenge to Executive Order Seizing Power From Independent Regulatory Agencies, but With a Twist That May Limit...

Carlton Fields on

We recently covered executive order 14215, titled “Ensuring Accountability for All Agencies,” the second Trump administration’s most straightforward attack on the discretion of what it called “so-called independent regulatory...more

Epstein Becker & Green

Unusual Combinations of Justices Denying Veterans’ Claim but Requiring Executive to Make Foreign Aid Payments to Contractors -...

The U.S. Supreme Court resolved more textual battles yesterday, one in a fully argued case, the other on procedural motions. The combinations of Justices continue to defy stereotypes, and at least one of those combinations,...more

PilieroMazza PLLC

SCOTUS Greenlights Release of Foreign Aid Funds to Government Contractors

PilieroMazza PLLC on

On March 5, 2025, the United States Supreme Court (SCOTUS) upheld a federal judge’s order directing the government to pay nearly $2 Billion to federal contractors for completed foreign aid work. This client alert identifies...more

McGuireWoods Consulting

Health Care Executive Orders And Legal Actions: Part One

This is part one of a series of executive orders related to health care. Transgender Care - Protecting Children from Chemical and Surgical Mutilation...more

Ice Miller

Potential Reinstatement of the 2017 Travel Ban: The 2025 Executive Order and Its Implications

Ice Miller on

On January 20, 2025, President Donald Trump signed an executive order (EO) titled “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats.” This order launched a 60-day...more

Blank Rome LLP

Regulated Entities: It’s Time to Play Love It or Leave It with Federal Regulations

Blank Rome LLP on

Amidst the flurry of Executive Orders (“EOs”) that tends to accompany any new administration, one EO may have flown under the radar. But for the regulated community—which, these days, includes most businesses in some form or...more

Jenner & Block

Client Alert: Recent Executive Actions on Agency Independence—Not-Quite-Hot Takes for FERC

Jenner & Block on

In a spate of executive orders and other actions over the last several weeks, the new administration has moved to exert unprecedented control over independent regulatory agencies, including the Federal Energy Regulatory...more

Davis Wright Tremaine LLP

New Administration Outlook: A New and Demanding Process of Regulatory Analysis and Reduction – Asserting the Unitary Executive...

Trump Administration continues aggressive use of Executive Orders to assert Article II powers. Latest EO will require one of the most extensive regulatory reviews ever....more

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