Solicitors General Insights: A Deep Dive With Mississippi and Tennessee Solicitors General — Regulatory Oversight Podcast
Non-Delegation Doctrine, FTC's Non-Compete Rule and Green Guides ... Oh My!
The Justice Insiders: The Administrative State is Not Your Friend - A Conversation with Professor Richard Epstein
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
On January 2, the U.S. Court of Appeals for the Ninth Circuit upheld the constitutionality of the FHFA’s funding mechanism, affirming the dismissal of a lawsuit that challenged the agency’s authority under the Appropriations...more
In the wake of this country’s longest federal shutdown, federal courts were facing unprecedented decision-making whether to stay civil proceedings implicating federal employees and agencies....more
In 2023, the Sixth Circuit Court of Appeals rejected arguments challenging the constitutionality of the Occupational Health and Safety Act. The suit alleged that the 1970’s law violates separation of powers principles because...more
On December 3, 2025, the Texas International Produce Association and the Texas Vegetable Association filed suit in the U.S. District Court for the Northern District of Texas, Amarillo Division, seeking declaratory and...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 State of Arkansas and 17 other Attorney Generals filed December 1st Comments addressing an October 2nd Advanced Notice of Proposed Rulemaking (“ANPR”) issued by EPA styled: Visibility Protection: Regional Haze State...more
The challenge to the OSH Act by two produce associations has the potential to reshape the future of workplace safety regulation and again test the outer limits of congressional delegation to administrative agencies....more
Any company that has imported goods subject to the Trump administration’s fentanyl-based tariffs or reciprocal tariffs — i.e., the tariffs levied pursuant to the International Emergency Economic Powers Act (the IEEPA tariffs)...more
The Cato Institute filed an amicus brief this month urging the U.S. Supreme Court to resolve a growing split among the United States circuit courts of appeals concerning the Securities and Exchange Commission’s authority to...more
The US Supreme Court has fast-tracked challenges to President Trump’s unprecedented use of the International Emergency Economic Powers Act (IEEPA) to impose wide‑ranging tariffs, and based on recent oral argument, it is...more
Key Takeaways - Many states have now enacted extended producer responsibility (EPR) laws, creating new and costly requirements for manufacturers, wholesalers, and retailers based on the packaging of the products they...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
Fifth Circuit Judge Questions Constitutionality of the FCA’s Qui Tam Provision - The Fifth Circuit affirmed the dismissal of a lawsuit brought under the False Claims Act (FCA) by a relator for failure to state a claim and...more
On Nov. 5, the Supreme Court heard oral arguments to consider the legality of two separate challenges to the president’s use of the International Emergency Economic Powers Act (“IEEPA”) to impose tariffs in the consolidated...more
On November 5, 2025, the Supreme Court heard three hours of oral argument in the most consequential trade case in years, a challenge to the President’s use of the International Emergency Economic Powers Act (IEEPA) to impose...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
On November 5, 2025, the U.S. Supreme Court heard oral arguments in the consolidated case of Trump v. V.O.S. Selections, Inc. and Learning Resources, Inc. v. Trump. This case is about presidential power. Specifically, the...more
The Supreme Court held a marathon, nearly 3-hour oral argument yesterday, in what could be the most economically-impactful cases this Term: Learning Resources, Inc. v. Trump and Trump v. V.O.S. Selections (the “Tariff...more
The Federal Circuit Court of Appeals affirmed the Court of International Trade’s decision that the tariffs imposed by President Trump under the International Emergency Economic Powers Act (IEEPA) are unlawful. This week, the...more
Today’s constitutional challenges to the Occupational Safety and Health Administration (OSHA) and the Occupational Safety and Health Review Commission (OSHRC) converge on three fronts: Article II of the U.S. Constitution...more
The Occupational Safety and Health Administration (OSHA) and the Occupational Safety and Health Review Commission (OSHRC) emerged from the Occupational Safety and Health Act of 1970 to address widespread concerns about...more
The Court of Appeals for the Federal Circuit (CAFC) sitting en banc (11 active judges participating) affirmed, in a 7-4 majority decision filed on August 29, 2025, the decision of the U.S. Court of International Trade (CIT)...more
This administration’s effort to usurp Congressional authority pivoted from trade to immigration policy late Friday, September 19, 2025. The President issued a presidential proclamation restricting the entry of any H-1B...more