News & Analysis as of

Fourteenth Amendment

Ropes & Gray LLP

Finally, a constitutional reckoning for the Texas anti-boycott statute

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Texas adopted SB 13, its energy company “anti-boycott” statute, nearly five years ago, in 2021. This legislation was one of the earliest concrete shots across on the bow in the then-burgeoning anti-ESG movement....more

Ropes & Gray LLP

U.S. District Court Grants Preliminary Injunction Restoring Seven Federal Grants to the American Academy of Pediatrics, Citing...

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In mid-December 2025, the Centers for Disease Control and Prevention (“CDC”) and the Health Resources and Services Administration (“HRSA”)—both agencies of the U.S. Department of Health and Human Services (“HHS”)—terminated...more

Goodwin

xAI Challenges California’s Training Data Transparency Act

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On December 29, 2025, xAI, the developer of the artificial intelligence (AI) chatbot Grok, filed a lawsuit seeking to invalidate California’s Generative Artificial Intelligence: Training Data Transparency Act (TDTA). ...more

Haynes Boone

What’s Happening with Warnings on Texas Food Labels?

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In 2025, Texas became the first state in the U.S. to enact a labeling mandate for foods containing any of 44 specified ingredients as part of Senate Bill 25 (SB 25), the Make Texas Healthy Again Act. To recap, SB 25 requires...more

Haynes Boone

Enforcement of West Virginia’s Food Dye Ban Temporarily Halted

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To the relief of food manufacturers rushing to find natural substitutes for synthetic food dyes, a federal court has temporarily halted the enforcement of West Virginia’s House Bill 2354 (HB 2354). HB 2354 banned several...more

Jackson Lewis P.C.

DOT Removes Racial + Ethnic ‘Social Disadvantage’ Presumption from Disadvantaged Business and Airport Concession Disadvantaged...

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The Department of Transportation (DOT) issued an interim final rule (IFR) modifying the regulation implementing the Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE)...more

Lathrop GPM

Let the Sunshine In - MO Supreme Court Rolls Back Witness Redaction Rules

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On December 16, the Missouri Supreme Court announced new rules dramatically restricting when court papers may be redacted. The new rules effectively undo a set of rules from 2023 that required the names of “witnesses” to be...more

Perkins Coie

NetChoice Challenge of Maryland Kids Code Moves Forward: Motion To Dismiss Denied

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On November 24, 2025, trade association NetChoice secured a win in its constitutional challenge to Maryland's Age-Appropriate Design Code Act (Kids Code or Act) when the U.S. District Court for the District of Maryland denied...more

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

Supreme Court to Review Constitutionality of Birthright Citizenship in 2025–26 Term

On December 5, 2025, the Supreme Court of the United States granted review in a case that will determine the constitutionality of President Donald Trump’s executive order on birthright citizenship....more

Clark Hill PLC

U.S. Supreme Court to Review the Administration’s Birthright Citizenship Order

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On Dec. 5, 2025, the U.S. Supreme Court has agreed to review the legality of the Administration’s Birthright Citizenship Executive Order, issued on January 20, 2025. Birthright Citizenship is currently guaranteed under the...more

Jackson Lewis P.C.

Lawsuit Challenges Racial + Ethnic ‘Social Disadvantage’ Presumption in SBA and Other Federal Supplier Diversity Programs

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On Nov. 17, 2025, Revier Technologies, Inc. and Young America’s Foundation (YAF) filed a lawsuit in the U.S. District Court for the Eastern District of Louisiana seeking to invalidate the Small Business Administration (SBA)...more

Freeman Mathis & Gary

SCOTUS to Review Whether State Gender-Based Sports Designations Violate Title IX and Equal Protection Clause of the 14th Amendment

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Does Title IX of the Education Amendments of 1972 and the Equal Protection Clause of the Fourteenth Amendment prevent states from designating separate girls’ and boys’ sports teams based on biological sex determined at birth?...more

Freeman Mathis & Gary

Vertical stare decisis: Can a District Court of Appeal overrule Florida Supreme Court precedent?

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The First District Court of Appeal recently struck down a Florida law that prohibited people from openly carrying firearms in public. The court held that section 790.053 violated the Second Amendment as applied to the states...more

Saul Ewing LLP

Federal Court Enjoins Campus Free Speech, Assembly Restrictions at University of Texas

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In the wake of student demonstrations related to the intensification of the Israel-Palestine conflict, Texas amended a 2016 state law originally enacted to promote free speech on campus to add provisions restricting the...more

Lippes Mathias LLP

The Birthright Citizenship Debate: Will My Child Be a U.S. Citizen?

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The relevant words that will determine the answer to this question are “and subject to the jurisdiction thereof.” These words appear in the Fourteenth Amendment to the U.S. Constitution and are the qualifying phrase relating...more

Freeman Mathis & Gary

FMG Labor & Employment Law Quarterly Report: Q3 - 2025

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U.S. SUPREME COURT PROHIBITS NATIONWIDE INJUNCTIONS, BUT THE DECISION’S PRACTICAL IMPACT IS UNCERTAIN - On Friday, the Supreme Court ruled in Trump v. CASA, Inc., — S. Ct. —, 2025 WL 1773631 (June 27, 2025)that district...more

Holtzman Vogel Baran Torchinsky & Josefiak

Federal District Court Rejects North Carolina Redistricting Challenge Seeking to Require Race-Based Districts

On September 30, a federal district court upheld North Carolina’s state Senate redistricting plan under the Voting Rights Act (VRA), rejecting a Section 2 challenge brought by two North Carolina voters who argued the map...more

Shook, Hardy & Bacon L.L.P.

Ninth Circuit Joins Appeals Courts Applying Bristol-Myers to FLSA Actions

Since the U.S. Supreme Court in Bristol-Myers Squibb Co. v. Superior Court of California, 582 U.S. 255 (2017) (Bristol-Myers) determined that the trial court lacked specific jurisdiction over the claims of nonresident...more

Bradley Arant Boult Cummings LLP

‘Brady Wrapped in Jencks Packaging’, How Categories of Exculpatory Evidence Can Be Conflated to Delay Production, and How Defense...

Rooted in the due process clauses of the Fifth and Fourteenth Amendments, Brady requires the govern­ment to disclose exculpatory evidence, that is, “ev­idence favorable to the accused” which is “material to either guilt or...more

Sheppard Mullin Richter & Hampton LLP

Birthright Citizenship and Medicaid Coverage at a Constitutional Crossroads

The intersection between birthright citizenship and access to healthcare has become increasingly complex following recent legal and policy developments. On January 20, 2025, President Trump issued Executive Order 14160,...more

ArentFox Schiff

New York Seeks Transparency in Personal Algorithmic Pricing Practices

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Certain businesses implement dynamic pricing based on individual preferences or previously collected consumer data. This practice may soon be prohibited in New York if those websites fail to state, “THIS PRICE WAS SET BY AN...more

Troutman Pepper Locke

West Virginia’s Daniel’s Law Held Facially Unconstitutional

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The decision is the first to find a Daniel’s Law unconstitutional based on First Amendment grounds and could impact ongoing litigation against hundreds of companies challenging similar laws....more

Seyfarth Shaw LLP

Birthright Citizenship at a Crossroads

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On July 24, 2025, the Ninth Circuit Court of Appeals reaffirmed that President Trump’s Executive Order 14160 aimed at ending birthright citizenship, violates the Citizenship Clause of the Fourteenth Amendment and is...more

Venable LLP

SCOTUS Agrees to Review State Bans on Transgender Athletes in Girls’ and Women’s School Sports

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Just days after the University of Pennsylvania's settlement with the federal government, the U.S. Supreme Court agreed to hear two cases involving state transgender athlete bans of girls and women competing in school sports...more

Wiley Rein LLP

DOJ Clarifies Administration’s Stance on What Constitutes “Illegal DEI”

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On July 29, 2025, the U.S. Department of Justice (DOJ) released a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memorandum) that provides clarity on what the...more

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