News & Analysis as of

Supreme Court of the United States Article I

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Cozen O'Connor

How the End of Chevron Deference Could Impact Government Contractors

Cozen O'Connor on

On June 28, 2024, the Supreme Court of the United States (SCOTUS) issued its decision in Loper Bright Enterprises v. Raimondo, which put an end to Chevron Deference. Chevron Deference was a doctrine that required courts to...more

McCarter & English, LLP

The Loper Decision & Future of AI Regulation

Artificial intelligence is poised to rapidly transform nearly all aspects of society. However, it also brings new risks. As governments work to develop and implement laws that mitigate these evolving risks, expert regulatory...more

Goodwin

Supreme Court Upholds CFPB’s Funding Structure

Goodwin on

On May 16, 2024, the U.S. Supreme Court issued a significant opinion in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd., upholding the funding structure of the Consumer...more

Dorsey & Whitney LLP

The Supreme Court Update - May 16, 2024

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The Supreme Court of the United States issued three decisions today: CFPB v. Community Financial Services Association of America, Limited, No. 22-448: This case involves a constitutional challenge to the federal Consumer...more

Skadden, Arps, Slate, Meagher & Flom LLP

Fourth Circuit Holds That Bankruptcy Courts Are Not Limited by the ‘Case and Controversy’ Requirement of Article III

From time to time, the U.S. Supreme Court has distinguished the bankruptcy courts’ power — deriving from Congress’ authority under Article I of the U.S. Constitution to enact uniform bankruptcy laws — from the judicial power...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Evolving Landscape of Administrative Law

One of the most significant areas of the law for businesses is administrative law. From questions about a new industry-specific regulation to marshaling a defense against enforcement proceedings, any entity that is subject to...more

Seyfarth Shaw LLP

The Supreme Court Will Determine When Federal Agencies Must Provide for the Right to a Jury Trial in Civil Enforcement Actions

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The United States Supreme Court recently granted Certiorari in a closely watched case that could have significant consequences for the Securities and Exchange Commission (SEC) and certain other federal administrative...more

Troutman Pepper

132 Members of Congress File Amici Brief Urging Supreme Court to Find CFPB Funding Structure Unconstitutional

Troutman Pepper on

As discussed here, on October 19, 2022, the Fifth Circuit Court of Appeals in Community Financial Services Association of America, Limited (CFSA) v. Consumer Financial Protection Bureau (CFPB) held that the CFPB’s funding...more

Holland & Knight LLP

U.S. Supreme Court Agrees to Hear Nondelegation Case

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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

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

Supreme Court Holds State Employers Can Be Sued for Discriminating Against Veteran Employees Under USERRA

On June 29, 2022, the Supreme Court of the United States decided that a veteran could sue his former employer, the Texas Department of Public Safety (DPS), under the Uniformed Services Employment and Reemployment Rights Act...more

Womble Bond Dickinson

United States Supreme Court Sending Chilling Messages for Future of the Voting Rights Act and Redistricting Challenges

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For 57 years, the Voting Rights Act has served as a remarkably effective bulwark against state-level attempts to restrict voting rights, particularly for Black and minority voters. But voting rights are under attack in state...more

Stinson LLP

Waking the "Zombies" - Possible Changes to EPA's Longstanding Article I Administration Discretion in Rulemaking

Stinson LLP on

The appointments of Supreme Court Justices Neil Gorsuch and Brett Kavanaugh have been widely expected to rein in the broad discretionary powers that Environmental Protection Agency (EPA) and other agencies have enjoyed. The...more

Alston & Bird

Wellness: Is Consent the Cure?

Alston & Bird on

In Wellness Int’l Network Ltd. v. Sharif, the U.S. Supreme Court has added another piece of the puzzle needed to resolve the long-discussed issue of bankruptcy court authority. This issue stems from the structure of the...more

Cozen O'Connor

Supreme Court Affirms Bankruptcy Court Jurisdiction and 3rd Circuit Approves Structured Dismissals

Cozen O'Connor on

Jurisdiction of Bankruptcy Courts to Enter Final Judgment on “Stern Claims” Based on Consent of Parties Affirmed - The U.S. Supreme Court in Wellness Int’l Network, Ltd. v. Sharif explicitly affirmed the jurisdiction of...more

Kelley Drye & Warren LLP

Wellness International Oral Argument: Supreme Court Justices Grapple With Implications of Narrowing Bankruptcy Court Powers

There were nearly a million bankruptcy cases filed by individuals and businesses in 2014. It is safe to say that only the tiniest fraction of such debtors have any familiarity with the Supreme Court’s decision in Stern v....more

Gray Reed

Are You Required To File An Income Tax Return? Myths Of Unconstitutionality Debunked.

Gray Reed on

It has been said that in life two things are certain, death and taxes. However, some people hope they can protest their way out of one of those certainties....more

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