News & Analysis as of

Judicial Authority Supreme Court of the United States

Warner Norcross + Judd

Tariffs Have Their Day in the Supreme Court

Warner Norcross + Judd on

In the chief case challenging tariffs issued under the International Emergency Economic Powers Act of 1977 (IEEPA), part of President Donald Trump’s tariff policies had its day in the Supreme Court Wednesday. The case, filed...more

Freeman Mathis & Gary

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

Freeman Mathis & Gary on

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

Holtzman Vogel Baran Torchinsky & Josefiak

Early Returns Podcast - Shadow Docket Showdown: Trump Litigation, Judicial Tensions, and the Supreme Court's Emergency Powers

Host Jan Baran welcomes back Josh Gerstein, Senior Legal Affairs Reporter for Politico, for a comprehensive review of the litigation landscape surrounding the Trump administration. They dive into the Supreme Court's...more

Lippes Mathias LLP

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

Lippes Mathias LLP on

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

Parker Poe Adams & Bernstein LLP

North Carolina Supreme Court Rejects Deference to Opinions of State Administrative Agencies

In last year’s Loper Bright decision, the U.S. Supreme Court eliminated the use of so-called Chevron deference to the opinions of federal administrative agencies. Even if the underlying statutory language is ambiguous,...more

Frost Brown Todd

Rejecting Universal Injunctions Based on History: How the High Chancery Court of England’s Powers Impact U.S. District Courts...

Frost Brown Todd on

In Trump v. CASA, Inc., the U.S. Supreme Court addressed whether federal courts have equitable authority to issue universal injunctions under the Judiciary Act of 1789. In a 6-3 decision authored by Justice Barrett, the...more

Ballard Spahr LLP

Federal Courts do not have funds for full operations as result of government shutdown

Ballard Spahr LLP on

The federal Judicial Branch no longer has funds to sustain full operations, the U.S. Courts system has announced....more

Fishman Haygood LLP

2024-2025 Annual Review of the Fifth Circuit’s Judicial Statistics

Fishman Haygood LLP on

Each year, Take the Fifth blog compiles and analyzes key statistics from the opinions issued by the U.S. Court of Appeals for the Fifth Circuit. While the Fifth Circuit itself compiles and releases statistics on a...more

Freeman Mathis & Gary

FMG Labor & Employment Law Quarterly Report: Q3 - 2025

Freeman Mathis & Gary on

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

Cranfill Sumner LLP

Tariffs, Trump, and the Courts: The Major Questions Doctrine Strikes Again

Cranfill Sumner LLP on

Since beginning his second term, President Trump has issued a wave of executive orders reshaping tariff policy. For a deeper dive, check out this firm’s earlier posts: “Which Trade Pill to Swallow: The Red Pill or Blue Pill”...more

Venable LLP

Supreme Court Stay Sets Stage for Reconsidering Humphrey’s Executor

Venable LLP on

On Monday, the Supreme Court ruled that President Donald Trump may remove Democratic Federal Trade Commission (FTC) commissioner Rebecca Slaughter without cause while her legal challenge to the termination proceeds....more

Venable LLP

Legal Ping-Pong: D.C. Circuit Restores, Then Supreme Court Removes, Rebecca Slaughter as FTC Commissioner

Venable LLP on

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

Ballard Spahr LLP

Federal Appeals Court rules that Trump illegally fired FTC board member, orders her reinstatement

Ballard Spahr LLP on

A divided federal appeals court has ruled that President Trump illegally fired Democratic FTC member Rebecca Slaughter and has ordered that she be reinstated to her position....more

Troutman Pepper Locke

Solicitors General Insights: The Art of Oral Advocacy With Michigan and New Jersey — Regulatory Oversight Podcast

Troutman Pepper Locke on

In this episode of our special Regulatory Oversight: Solicitors General Insights series, RISE Counsel Jeff Johnson, a former deputy solicitor general in the Missouri Attorney General's office, welcomes Michigan Solicitor...more

K&L Gates LLP

Litigation Minute: A Year After Loper Bright: Lessons From a Legal Shake-Up

K&L Gates LLP on

What You Need to Know in a Minute or Less - In Loper Bright Enterprises v. Raimondo, the US Supreme Court overturned the 40-year-old doctrine established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.,...more

ArentFox Schiff

How New Restrictions on Universal Injunctions Could Change Litigation Strategies

ArentFox Schiff on

On June 27, the US Supreme Court issued a significant decision in Trump v. Casa, clarifying the limits of federal district courts’ authority to issue broad, so-called “universal” injunctions against the federal government....more

Husch Blackwell LLP

Does Loper Bright Simply Not Matter to the D. C. Circuit When It Comes to the NLRB? Will the Supreme Court Weigh In?

Husch Blackwell LLP on

On July 31, 2025, Hood River Distillers, Inc. filed a petition for writ of certiorari imploring the Supreme Court to overturn a ruling of the D. C. Circuit. The D. C. Circuit had affirmed a National Labor Relations Board...more

Irwin IP LLP

“Nationwide” Injunctions Are Still Available In Patent Cases, But Its Scope May Be Impacted 

Irwin IP LLP on

Trump v. CASA, Inc., 145 S. Ct. 2540 (2025) In patent cases, successful patent owners can obtain an injunction against an infringer to prevent the infringer from making, using, and selling the infringing product in the...more

Benesch

Post Loper Bright, Courts Differ on How to Handle Skidmore

Benesch on

For 40 years, courts applied the precedent set by the United States Supreme Court in Chevron U.S.A. Inc. v. National Resources Defense Council, Inc. by deferring to administrative agency interpretations of ambiguous statutes....more

Venable LLP

Enduring Delegations - Supreme Court Rejects Nondelegation Challenges to the FCC’s Administration of the Universal Service Fund in...

Venable LLP on

The nondelegation doctrine prevents Congress from giving away too much of its legislative power to other entities. After a strong showing in 1935, the nondelegation doctrine has remained dormant, with the Supreme Court...more

Nossaman LLP

Sheetz Loses Again: Legislatively Enacted Fees Satisfy Nolan/Dollan

Nossaman LLP on

In 2024, in what was heralded as a big win for developers in California, the U.S. Supreme Court upended decades of California precedent and held that legislatively enacted development impact fees must satisfy the “essential...more

Troutman Pepper Locke

Post-McLaughlin TCPA Chaos Begins With Contradictory Rulings on Text Messages

Troutman Pepper Locke on

Earlier this month, the U.S. Supreme Court held that district courts are not bound by the Federal Communication Commission’s (FCC) interpretations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227. See...more

Stevens & Lee

The Administrative State, a Three-Legged Stool, the Supreme Court and FCC v. Consumers’ Research

Stevens & Lee on

The U.S. Supreme Court recently handed down its decision in Federal Communications Commission v. Consumers’ Research, a case involving the question whether Congress’s delegation of authority to the FCC to implement provisions...more

Morrison & Foerster LLP

Supreme Court Lets CPSC Firings Stand—For Now

Capping off two months of legal drama, the Supreme Court has stayed the ruling of U.S. District Judge Matthew J. Maddox, which ordered the immediate reinstatement of the three U.S. Consumer Product Safety Commission (CPSC)...more

Steptoe & Johnson PLLC

U.S. Supreme Court Supports Religious Exemption for Catholic Charities in Wisconsin

Steptoe & Johnson PLLC on

The U.S. Supreme Court (SCOTUS) recently determined that religious discrimination occurs when legal criteria discriminate between religions based on their “theological practices” or “inherently religious choices” as opposed...more

492 Results
 / 
View per page
Page: of 20

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide