The Presumption of Innocence Podcast: Episode 75 - Who’s in Charge? Navigating Uncertainty in New Jersey’s U.S. Attorney’s Office
JONES DAY TALKS®: Supreme Court Rules on Constitutionality of Administrative Patent Judges
Independent agencies have long been a key part of the federal administrative state. Today, they effectively govern wide swaths of the economy—enforcing antitrust laws, regulating securities markets, and managing interstate...more
The Supreme Court’s pending review of President Trump’s use of the International Emergency Economic Powers Act (IEEPA) to impose broad-based import tariffs is not merely a fight over one tariff schedule. It is a stress test...more
The annual appropriations process requires Congress to pass, and the President to sign, funding bills into law by the end of each federal fiscal year. While Article I of the Constitution gives Congress the power of the purse...more
On December 8, the Supreme Court heard arguments in Trump v. Slaughter, a case that will likely result in implications beyond the fate of a fired Federal Trade Commissioner, Rebecca Slaughter. As we previously covered,...more
The National Labor Relations Board (NLRB or Board) is back. With President Donald Trump’s picks restoring a Republican majority and the installation of a seemingly management-friendly general counsel (GC), the Board is poised...more
The prolonged legal fight over Alina Habba's status as New Jersey’s top federal prosecutor has thrown court proceedings throughout the Garden State into turmoil. Even with the recent 3rd U.S. Circuit Court of Appeals...more
The Supreme Court will likely rule in favor of President Trump in a critical pending case that should be decided in early 2026, vastly expanding the president’s power to remove members of independent agencies. That’s...more
On Friday, the Eleventh Circuit heard oral arguments in United States ex rel. Zafirov v. Florida Medical Associates, LLC regarding the constitutionality of the qui tam provisions in the False Claims Act, which allow private...more
Recently, three Supreme Court Justices, unsolicited, invited inquiry into the constitutionality of the False Claims Act’s (FCA) qui tam provisions. This inquiry has vast significance. The FCA is the government’s chief weapon...more
The Supreme Court recently heard arguments in the ongoing challenge by former Democratic Commissioner Rebecca Slaughter to the Trump Administration’s decision to remove her from the FTC in March before her term was set to...more
The President has the authority to remove National Labor Relations Board (NLRB) Members at will, a federal appeals court just affirmed, tossing aside the removal protections in the National Labor Relations Act that has...more
A series of Supreme Court cases could reset the balance between presidential authority and agency independence — with consequences for every regulated sector....more
Among the flurry of executive and regulatory actions earlier this year under the second Trump Administration, President Donald Trump fired the leadership at several independent, multi-member agencies such as the Equal...more
On November 3, 2025, the United States Court of Appeals for the Fifth Circuit affirmed the dismissal with prejudice of an action under the False Claims Act (“FCA”) against an inpatient-rehabilitation facility. See United...more
On November 5, 2025, the U.S. Supreme Court heard oral arguments in two consolidated cases challenging President Donald Trump’s use of the International Emergency Economic Powers Act (IEEPA) to impose broad tariffs on...more
The Supreme Court has heard oral argument in a case to determine whether the Trump administration’s sweeping tariff regime, imposed under the International Emergency Economic Powers Act (IEEPA), is lawful. ...more
In late May 2025, the United States Supreme Court issued a preliminary ruling in Trump v. Wilcox that allowed President Trump to remove leaders at the National Labor Relations Board (NLRB) and Merit Systems Protection Board,...more
The removal of FTC Commissioners Slaughter and Bedoya signaled presidential power over independent agencies, with Supreme Court backing. This precedent may extend to other independent bodies, raising concerns about broader...more
“Democrats are arguing that the current shutdown is a battle over healthcare, an issue they believe will be a winning one in their midterm campaigns. However, the real casus belli is a battle over the power of the purse, an...more
The U.S. Supreme Court on Sept. 22, 2025, issued an order in Trump v. Slaughter, staying a lower court's order to reinstate Federal Trade Commission (FTC) Commissioner Rebecca Slaughter over President Donald Trump's decision...more
For now, the Supreme Court is allowing President Trump to fire Democratic FTC Commissioner Rebecca Slaughter, in a case that could upend a 1935 court precedent....more
Key Takeaways: The U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. Court of International Trade’s decision to strike down the reciprocal and fentanyl tariffs imposed under IEEPA....more
The U.S. Supreme Court has agreed to review the legality of tariffs imposed by President Trump under the International Emergency Economic Powers Act (IEEPA). This decision follows a series of lower court rulings that...more
Earlier this month, the United States Court of Appeals for the D.C. Circuit ruled President Trump’s removal of Democrat commissioners from the Federal Trade Commission (FTC) was unlawful. In a 2-1 decision, the panel held...more
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has upheld three orders that bar the National Labor Relations Board from pursuing unfair labor practice cases against SpaceX and two other employers. ...more