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Oral Argument Constitutional Challenges

Holtzman Vogel Baran Torchinsky & Josefiak

Early Returns Law and Politics with Jan Baran: A Supreme Path: From Latin to Campaign Finance Law, to 38 Oral Arguments – Kannon...

Arguing before the Supreme Court increasingly has become a specialty of an elite group of lawyers. A former Scalia judicial law clerk, Kannon Shanmugam has argued 38 cases at the court. In this episode, Jan speaks with...more

Holtzman Vogel Baran Torchinsky & Josefiak

A Supreme Path: From Latin to Campaign Finance Law, to 38 Oral Arguments – Kannon Shanmugam

Arguing before the Supreme Court increasingly has become a specialty of an elite group of lawyers. A former Scalia judicial law clerk, Kannon Shanmugam has argued 38 cases at the court. In this episode of the Early...more

Ballard Spahr LLP

U.S. Senate Fails to Override Veto of Legislation Rejecting CFPB Section 1071 Small Business Lending Rule

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As previously reported, in late December 2023 President Biden vetoed legislation adopted by the U.S. House of Representatives and U.S. Senate under the Congressional Review Act to override the CFPB’s final Section 1071 small...more

Goldberg Segalla

Supreme Court Agrees to Hear Challenges to the EPA “Good Neighbor Plan”

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The Environmental Protection Agency, under the Clean Air Act, requires states to work with the EPA to address the interstate transport of air pollution. Under the “Good Neighbor Plan,” the EPA requires each state to implement...more

Eversheds Sutherland (US) LLP

Moore questions: Impressions from oral argument

On December 5, 2023, the US Supreme Court heard oral arguments in Moore v. United States, addressing the constitutionality of the section 965 transition tax, which was enacted in the Tax Cuts and Jobs Act of 2017. Section 965...more

Ballard Spahr LLP

SCOTUS to hear oral argument on Nov. 29 in case involving challenge to use of administrative law judges by federal agencies

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On November 29, 2023, the U.S. Supreme Court will hear oral argument in Jarkesy v. Securities and Exchange Commission, a case in which the respondents are challenging the constitutionality of the SEC’s use of administrative...more

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

Supreme Court Hears Challenge to Agency Tasked With Helping Students Make Informed Decisions About Paying for College

The Consumer Financial Protection Bureau (CFPB), a government agency that protects consumers in the financial sector, is potentially at risk following oral argument on October 3, 2023, before the Supreme Court of the United...more

McGlinchey Stafford

Clues On High Court Outcome In CFPB Constitutionality Case

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On October 3, the U.S. Supreme Court heard oral arguments in the Consumer Financial Protection Bureau v. Community Financial Services Association of America, the latest in a long line of cases targeting the constitutionality...more

Goodwin

Supreme Court Hears Oral Argument on the Constitutionality of the Funding of the CFPB

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The Supreme Court heard oral arguments on October 3, 2023 in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd. The issue before  the Court is whether the CFPB’s funding...more

Epstein Becker & Green

The Validity of More Than a Decade’s Worth of Federal Regulations Are at Stake as the U.S. Supreme Court Decides the...

Epstein Becker & Green on

On October 3, 2023, the United States Supreme Court heard oral argument in Community Financial Services Association of America Ltd., et al. v. Consumer Financial Protection Bureau, et al., in which the Court was asked to...more

Venable LLP

C[FPB] You Later? Agency’s Future Hangs in the Balance After Oral Argument

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On October 3, the Supreme Court heard oral argument in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited, where the Court is reviewing the Fifth Circuit’s opinion that struck...more

Troutman Pepper

Supreme Court Hears Arguments on Challenge to CFPB’s Funding Structure

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On October 3, the U.S. Supreme Court heard arguments in Community Financial Services Association of America, Limited (CFSA) v. Consumer Financial Protection Bureau (CFPB or Bureau), a case in which the Fifth Circuit held that...more

Hudson Cook, LLP

U.S. Supreme Court Hears Oral Argument on Whether CFPB's Funding Mechanism Is Constitutional

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On October 3, 2023, the U.S. Supreme Court heard oral argument in Consumer Financial Protection Bureau v. Community Financial Services Association of America. At issue is the constitutionality of the CFPB's funding structure,...more

Ballard Spahr LLP

SCOTUS hears oral argument in challenge to constitutionality of CFPB’s funding

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This week, the U.S. Supreme Court held oral argument in Community Financial Services Association of America Ltd. v. Consumer Financial Protection Bureau, a case we have been following closely on Consumer Finance Monitor...more

Troutman Pepper

Supreme Court Denies Oral Argument to Republican State AGs Who Argue That the CFPB Funding Mechanism Is Unconstitutional

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On August 21, the U.S. Supreme Court denied a request by West Virginia Attorney General (AG) Patrick Morrisey and 26 other state AGs to participate in oral arguments in Consumer Financial Protection Bureau (CFPB) et al. v....more

Ballard Spahr LLP

SCOTUS denies motion of Republican State Attorney Generals to participate in oral argument in case challenging constitutionality...

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The U.S. Supreme Court has denied the motion filed by the 27 Republican State Attorney Generals who filed an amicus brief in support of Community Financial Services Association in CFSA v. CFPB asking for leave to participate...more

Ballard Spahr LLP

SCOTUS to hear oral argument on Oct. 3 in case challenging constitutionality of CFPB’s funding

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The U.S. Supreme Court has scheduled oral argument on October 3, 2023 in Community Financial Services Association of America Ltd. v. CFPB.  In the case, CFSA has asked the Supreme Court to affirm the Fifth Circuit panel’s...more

Fisher Phillips

SCOTUS Predictions: Could Supreme Court Shake Up Regulatory Agencies and Add to Employers’ Litigation Arsenal?

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Many employers are already well aware of how scary it can seem to be on the receiving end of a federal agency’s investigation or action – be it the National Labor Relations Board, the Department of Labor, OSHA, the EEOC, or...more

Jenner & Block

Supreme Court Considers Native American Preferences and Classifications

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This month, the US Supreme Court heard oral argument in Brackeen v. Haaland, a case concerning the constitutionality of the federal Indian Child Welfare Act (ICWA). The challengers—individuals who sought to adopt Indian...more

Stevens & Lee

Challenging the Constitutionality of the FTC’s Fundamental Structure/Processes

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Supreme Court to Hear Oral Arguments in Axon Enterprises- With the October 2022 term of the U.S. Supreme Court (“Court”) now underway, health care providers and others in the health care industry contemplating merger and...more

Franczek P.C.

Supreme Court to decide case of football coach placed on leave for post-game prayers

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On April 25, the Supreme Court heard oral arguments in the case Kennedy v. Bremerton School District, which we previously reported on. As you may recall, the case involves a high school football coach, Joseph Kennedy, who was...more

Kohrman Jackson & Krantz LLP

SCOTUS Hears Oral Arguments on Vaccine Mandate Challenges

While President Biden’s COVID vaccine mandate officially took effect today, Monday, Jan. 10, 2022, the Supreme Court of the United States (SCOTUS) heard two rounds of arguments concerning two of the three hotly contested...more

Rivkin Radler LLP

High Court to Hear Oral Arguments on Challenges to COVID-19 Mandates

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On January 7, the U.S. Supreme Court will hear oral arguments pursuant to emergency requests in two cases concerning COVID-19 mandates. One case involves a challenge by a coalition of interest groups and states opposed to the...more

Littler

U.S. Supreme Court to Hear Oral Argument on OSHA ETS, Medicare/Medicaid Vaccination Mandates on Friday, January 7, 2022

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On Friday, January 7, 2022, the U.S. Supreme Court will hear oral argument regarding two of the Biden administration’s most contentious COVID-19 workplace health and safety policies:  the Occupational Safety and Health...more

Bilzin Sumberg

Keeping Up with OSHA’s COVID-19 “Vaccine-or-Test” Mandate in 2022

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On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an emergency temporary standard (“ETS”) that implemented a “vaccinate-or-test” mandate for large, private employers. The ETS spurred a...more

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