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Constitutional Challenges Unconstitutional Condition

Cozen O'Connor

Democratic AGs Sue to Protect States’ Access to Federal Education Funds

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A group of 19 Democratic AGs filed a lawsuit to block the U.S. Department of Education (DOE) from enforcing a directive conditioning federal education funding on certification that state and local education agencies will not...more

Saiber LLC

Arkansas “Social Media Safety Act” Ruled Unconstitutional

Saiber LLC on

On March 31, 2025, a judge of the United States District Court for the Western District of Arkansas, granted summary judgment for the plaintiff in NetChoice, LLC v. Griffin, a case in which NetChoice, an internet trade...more

Perkins Coie

Fifth Circuit Rules FCC Enforcement Action Unconstitutional

Perkins Coie on

Key Takeaways - - The U.S. Court of Appeals for the Fifth Circuit vacated a $57 million fine levied by the Federal Communications Commission (FCC) against AT&T. - The court ruled the FCC's in-house enforcement proceedings...more

Husch Blackwell LLP

State-By-State Guide to Ag-Gag Legislation - April 7 2025

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Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional,...more

Husch Blackwell LLP

Federal Judge Upholds Iowa Ag-Gag Law in Constitutional Challenge

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On March 19, 2025, U.S. District Court Judge Stephanie Rose of the Southern District of Iowa determined that Iowa Code § 727.8A—a law passed in 2021 that prohibits unauthorized access to private property in order to record...more

Mintz

Trump EO on Recission of Birthright Citizenship Temporarily Blocked by Fed Court

Mintz on

As reported by AP and many other news outlets, on January 23, a Federal District Court in Washington state issued a temporary restraining order blocking President Trump's Executive Order which would limit birthright...more

Husch Blackwell LLP

Are the qui tam provisions of the False Claims Act unconstitutional?

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The qui tam provisions of the False Claims Act allow individuals to file suit on behalf of the United States and to receive a share of the resulting financial settlement or judgment. Filing a qui tam case is not just a formal...more

ArentFox Schiff

Investigations Newsletter: Federal Government Urges Court of Appeals to Uphold Constitutionality of FCA Qui Tam Provisions

ArentFox Schiff on

Federal Government Urges Court of Appeals to Uphold Constitutionality of FCA Qui Tam Provisions - In a brief filed earlier this week, the US federal government has urged the Eleventh Circuit Court of Appeals to uphold the...more

Allen Barron, Inc.

Important News Regarding the Beneficial Owners Interest (BOI) Report

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There is important news regarding the Beneficial Owners Interest (BOI) report based upon a recent District Court decision in Texas. In the case of Texas Top Cop Shop, Inc., et al. v. Garland, et al., Case No. 4:24-cv-478,...more

Constangy, Brooks, Smith & Prophete, LLP

Court halts OFCCP enforcement proceedings against contractor

The future of DOL’s administrative law judges is now murky. When the Office of Federal Contract Compliance Program believes that a contractor has violated affirmative action obligations, its tried-and-true practice for...more

Perkins Coie

Novel Decision Striking Down False Claims Act’s Qui Tam Statute Tees Up Further Litigation Over Whistleblower Lawsuits

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A recent Florida district court decision declared that the False Claims Act’s (FCA) qui tam provision violates the Constitution by vesting executive power in private whistleblowers (relators) that have not been appointed by...more

McDermott Will & Emery

Court Holds That False Claims Act’s Qui Tam Provision Is Unconstitutional

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On September 30, 2024, the US District Court for the Middle District of Florida dismissed a False Claims Act (FCA) case on the grounds that the qui tam provision of the FCA is unconstitutional. This ruling will almost...more

Zuckerman Spaeder LLP

Rolling Down Hill: Qualified Immunity’s Role in Prolonging Mistaken-Identity Arrests

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A 1971 Supreme Court Decision of Doubtful Vitality Thwarts § 1983 Liability for Mistaken-Identity Arrests and Stifles Development of Clear Constitutional Rules - Kafka would love qualified immunity.1 Not only does current...more

Bradley Arant Boult Cummings LLP

George Washington’s Whisky Distillery, 21st Century Edition

You might think the laws of King Edward I of England (1239-1307), George Washington’s whisky distillery, and an 1807 “Treatise on the Law of Idiocy and Lunacy” have little to do with the federal criminal code of 2024. And you...more

Vinson & Elkins LLP

"A Massive Shock to the Legal System": Supreme Court Supermajority Significantly Curtails Administrative Agency Authority in Loper...

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In a landmark decision, the Supreme Court has overruled the Chevron doctrine, fundamentally altering the landscape of administrative law and significantly impacting federal tax administration. Six justices, with Chief Justice...more

Holland & Knight LLP

Supreme Court Overrules Chevron Deference, Lets Courts Exercise Their Own Independent Judgment

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The U.S. Supreme Court overruled Chevron deference in its decision in Loper Bright Enterprises v. Raimondo on June 28, 2024. Chevron – a central doctrine of administrative law – had stood since 1984....more

WilmerHale

With Chevron Gone What Comes Next?

WilmerHale on

The Supreme Court took the long-anticipated step of overruling Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837 (1984). The majority decision in Loper Bright Enterprises v. Raimondo means that...more

Miller Canfield

The End of Chevron: Administrative Power Shifts to the Courts

Miller Canfield on

The United States Supreme Court has effectively vanquished the Chevron doctrine, which has governed the power of federal agencies to interpret federal statutes for the last 40 years. In recent years, the Chevron doctrine has...more

Parker Poe Adams & Bernstein LLP

Key Takeaways for Heavily Regulated Industries From the Supreme Court's Chevron Ruling

Forty years ago, the Supreme Court adopted a doctrine that has allowed federal agencies to make the final call on interpreting ambiguous laws. Today, the court overruled that doctrine and held that courts, not agencies, are...more

Venable LLP

Supreme Court Overrules Chevron: Agency Deference in Flux

Venable LLP on

In a monumental opinion issued today, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding (6-3) that deference to an agency's...more

Ballard Spahr LLP

U.S. Supreme Court Rules in Favor of Property Owner in Exaction Takings Case

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The U.S. Supreme Court last week unanimously held that the Takings Clause of the Constitution prevents legislatures, as well as administrative agencies, from imposing unconstitutional conditions on land-use permits....more

Dorsey & Whitney LLP

The Supreme Court Update - April 12, 2024

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The Supreme Court of the United States issued three decisions today: Sheetz v. County of El Dorado, No. 22-1074: This case involves the “unconstitutional conditions doctrine,” set forth in Nollan v. Cal. Coastal Comm’n,...more

Foley Hoag LLP

Alabama Federal District Court Declares Corporate Transparency Act Unconstitutional

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The U.S. Federal District Court for the District of Alabama (the “District Court”) ruled on March 1, 2024, that the Corporate Transparency Act (“CTA”) was unconstitutional. Presiding over the case was Judge Liles Burke, who...more

Seyfarth Shaw LLP

Court Finds Corporate Transparency Act Unconstitutional – What Should You Do?

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On March 1, 2024, the United States District Court for the Northern District of Alabama, in the case of National Small Business United v. Yellen, declared that the Corporate Transparency Act (CTA) is unconstitutional....more

Jones Day

Mexico's Supreme Court Declares Main Amendments to Electricity Industry Law Affecting the Private Sector Unconstitutional

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The Situation: Mexican President Andrés Manuel López Obrador ("AMLO") sponsored a bill aimed at modifying Mexico's Electric Industry Law (the "EIL Reform Bill") in order to strengthen Mexico's state-owned utility (Comisión...more

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