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
The U.S. Supreme Court recently heard argument on an important case that has the potential to upend a significant source of technology funding for school systems throughout the country. The FCC v. Consumers’ Research case,...more
Last week, the Supreme Court held oral argument in Federal Communications Commission v. Consumers’ Research. The case addresses the Federal Communications Commission’s Universal Service Fund programs aimed at providing...more
On Wednesday, the Supreme Court heard oral arguments in Federal Communications Commission v. Consumers’ Research (consolidated with SHLB Coalition v. Consumers’ Research), a case about the role of executive administrative...more
Amidst the flurry of Executive Orders (“EOs”) that tends to accompany any new administration, one EO may have flown under the radar. But for the regulated community—which, these days, includes most businesses in some form or...more
The Biden-era effort to raise the minimum wage for employees of federal contractors will not, for now, get a final say by the Supreme Court of the United States. Rather, legal challenges will continue to muddy the issue...more
Another major shift in the role of executive administrative agencies and congressional delegations of power to agencies may be on the way. ...more
When SCOTUS granted cert. in SEC v. Jarkesy, the case challenging the constitutionality of the SEC’s administrative enforcement proceedings, one of the questions presented was whether the statute granting authority to the SEC...more
On Friday, November 22, 2024, the Supreme Court of the United States dismissed one case and granted certiorari in two cases: Facebook, Inc. v. Amalgamated Bank, No. 23-980: In June, the Court granted certiorari in this...more
On November 22, 2024, the U.S. Supreme Court granted two petitions for certiorari to review the U.S. Court of Appeals for the Fifth Circuit’s (Fifth Circuit) en banc decision in Consumers’ Research v. Federal Communications...more
In a much-watched case concerning the administrative state, on June 27, the Supreme Court decided in SEC v. Jarkesy that defendants facing a fraud suit by the SEC have a Seventh Amendment right to a jury trial in an Article...more
In recent years, independent agencies have continued to face a number of constitutional and statutory challenges before the Supreme Court. AMG Capital Management struck down the Federal Trade Commission’s authority to obtain...more
The U.S. Supreme Court on June 30, 2023, agreed to hear the case of SEC v. Jarkesy.1 The case is an appeal of a U.S. Court of Appeals for the Fifth Circuit decision that held that the U.S. Securities and Exchange Commission's...more
On March 23, 2023, the Court of Appeals for the Second Circuit issued a decision in CFPB v. Law Offices of Crystal Moroney (Moroney). The case reviewed constitutional challenges to the Consumer Financial Protection Bureau's...more
National Federation of Independent Businesses v. Department of Labor, Nos. 21-244, 21-247: Numerous challenges were brought against the emergency rule issued on November 5, 2021, by the Occupational Safety and Health...more
In the latest round of litigation on the rules being rolled out to implement the Biden Administration’s Path Out of the Pandemic, the Supreme Court signed orders yesterday to hold oral argument on January 7th, 2022 on the...more
On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay of the Occupational Safety and Health Administration (“OSHA”) Emergency Temporary Standard (“ETS”) which had previously been halted by the...more
On June 20, 2019, the Supreme Court of the United States decided Gundy v. United States, No. 17-6086, holding that Congress’s delegation of authority to the Attorney General to specify offenders to whom the registration...more