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Supreme Court of the United States › Constitutional Challenges › Judicial Authority

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 -
King & Spalding

Affordable Care Act Preventative Care Mandate At Risk Pending Supreme Court Decision

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A case pending before the Supreme Court could jeopardize the Affordable Care Act’s (ACA) mandate that certain preventive services be provided on a first dollar coverage basis to plan members. Kennedy v. Braidwood Management...more

Jenner & Block

[Ongoing Program] CLE Relay - Session 4 - US Supreme Court Term in Review - June 26th, 12:00 pm - 1:30 pm PDT

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This CLE Relay session will discuss recent developments at the Court, as well as high-profile cases from last Term and this Term, including cases addressing agency authority, Presidential immunity, the Second Amendment, and...more

Adams & Reese

Split U.S. Supreme Court Decision Leaves Religious Charter School Ban Intact

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On May 22, 2025, the U.S. Supreme Court issued a per curiam decision in Oklahoma Statewide Charter School Board v. Drummond, resulting in a 4-4 split due to the recusal of Justice Amy Coney Barrett. The Court’s split decision...more

Dorsey & Whitney LLP

The Supreme Court Update - June 2, 2025

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The Supreme Court of the United States granted certiorari in four cases today: Bost v. Illinois State Board of Elections, No. 24-568: This case involves an Illinois law that required mail-in ballots to be counted as long...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court Sides with Trump Regarding Removal of NLRB and MSPB Members, and Suggests that the Federal Reserve is Different

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The United States Supreme Court has granted the Trump Administration’s request to stay United States District Court Judge Beryl Howell’s order reinstating Gwynne Wilcox to the National Labor Relations Board (NLRB) and Cathy...more

BakerHostetler

Supreme Court to Decide the Fate of Universal Injunctions

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The Supreme Court is prepared to determine the legality of a powerful but controversial judicial remedy — the universal injunction. The case, Trump v. CASA, Inc., reached the Justices after a lower court barred the Trump...more

Constangy, Brooks, Smith & Prophete, LLP

Out again: Supreme Court pauses reinstatement of ex-NLRB Member Wilcox, one other former official

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The U.S. Supreme Court on May 22 stayed the reinstatement of Gwynne Wilcox, a former member of the National Labor Relations Board, and Cathy Harris, a former member of the Merit Systems Protection Board. Both women were...more

FordHarrison

Supreme Court Keeps Wilcox on the Sidelines – NLRB remains Without a Quorum

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On May 22, 2025, the Supreme Court granted President Trump’s emergency application to stay the D.C. Circuit Court order that reinstated National Labor Relations Board (NLRB) Member Wilcox. In the 6-3 decision, the Supreme...more

Morrison & Foerster LLP

Ousted CPSC Democrats Fight Back Against President Trump

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The three Democratic commissioners of the Consumer Product Safety Commission (CPSC) who President Trump fired two weeks ago will not go down without a fight. Earlier this week they sued the president, arguing his unilateral...more

Proskauer - Labor Relations Update

NLRB Stalemate Continues: Supreme Court Keeps Wilcox Sidelined For Now

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On May 22, 2025, the U.S. Supreme Court issued a decision granting President Trump’s emergency application to stay D.C. Circuit Court orders that reinstated National Labor Relations Board (“NLRB” or the “Board”) member Gwynne...more

Cranfill Sumner LLP

U.S. Supreme Court Authorizes Immediate Changes at Independent Federal Agencies

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Individuals and businesses regulated by independent federal agencies may find immediate changes in agency leadership following a May 22, 2025, ruling by the United States Supreme Court....more

Davis Wright Tremaine LLP

5th Circuit Holds That Jarkesy Invalidates FCC Forfeiture Order Against AT&T

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The U.S. Court of Appeals for the 5th Circuit held that the Federal Communications Commission (FCC or Commission) violated AT&T's Seventh Amendment right to a jury trial and right to adjudication by an Article III court when...more

Seyfarth Shaw LLP

CHNV Parole Pause, Continued: Mass Terminations Still Blocked, but SCOTUS Appeal Looms

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In the ongoing narrative of the Trump administration’s attempt to repeal the Humanitarian Parole program for Cuba, Haiti, Nicaragua, and Venezuela (CHNV), on Monday, May 5th, the US Court of Appeals for the First Circuit...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Could Soon Rule on the Merits in Challenges to the Trump Administration - The Trump Administration’s First 100 Days

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The U.S. Supreme Court has taken a cautious approach to the Trump administration’s wide-ranging actions....more

Zuckerman Spaeder LLP

For Whom the Bell Tolls: Does Wisconsin Bell Indicate Waning Support for Invalidating the FCA’s Qui Tam Provisions?

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In the summer of 2023, Justice Thomas suggested in a dissenting opinion in U.S. ex rel. Polansky v. Executive Health Resources that Article II of the Constitution might not permit a qui tam relator to sue in the name of the...more

FordHarrison

Supreme Court Temporarily Stays Reinstatement of NLRB Member Wilcox

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National Labor Relations Board (NLRB) Member Gwynne A. Wilcox is out of a job, again, for the third time in less than four months....more

CDF Labor Law LLP

Bouncing Back and Forth: Wilcox’s NLRB Status Tilts Once More

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NLRB member Gwynne A. Wilcox’s status with the National Labor Relations Board (“NLRB” or “Board”) continues to move back and forth faster than a pinball on tilt....more

Vorys, Sater, Seymour and Pease LLP

The NLRB Saga Continues: Gwynne Wilcox Re-Reinstated as NLRB Member, Then Reinstatement Stayed By SCOTUS

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In the latest chapter in the evolving fight over the scope of executive power, the en banc D.C. Circuit reversed its prior stay, pending appeal, of the District Court’s order to reinstate Gwynne Wilcox to the NLRB. This means...more

Ballard Spahr LLP

Chief Justice temporarily allows Trump Administration to fire members of independent agencies

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Chief Justice John Roberts has issued a temporary stay of a decision by the U.S. Court of Appeals for the District of Columbia that barred the Trump Administration from firing members of two independent agency boards....more

Sheppard Mullin Richter & Hampton LLP

Chief Justice Roberts Allows Trump to Remove Wilcox from NLRB as the Supreme Court Considers the Challenge to Her Dismissal

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National Labor Relations Board (“NLRB”) Member Gwynne Wilcox is out of a job for the third time in less than four months. Since President Donald Trump terminated Wilcox from her position on January 28, 2025, Wilcox’s...more

Proskauer - Labor Relations Update

U.S. Supreme Court Temporarily Stays NLRB Board Member Reinstatement; Board to Again Without a Quorum

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On April 9, 2025, the Supreme Court of the United States issued a brief order, staying the District Court’s order reinstating former National Labor Relations Board (“NLRB” or “Board”) Member Gwynne A. Wilcox. The Board is...more

Fisher Phillips

SCOTUS Chief Justice Upholds Trump’s Ouster of NLRB Member Wilcox – For Now: What Employers Need to Know About Next Steps

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Chief Justice John Roberts just ensured that President Trump’s unprecedented termination of Democrat NLRB member Gwynne Wilcox will stand for now – and it appears the battle could be heading to a final conclusion in the...more

Proskauer - Labor Relations Update

BREAKING: Full D.C. Circuit Restores Status Quo Ante, for a Second Time, at the NLRB

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As the firing carousel continues, on April 7, 2025, the full United States District Court of Appeals for the D.C. Circuit vacated the panel’s stay and ordered the reinstatement of National Labor Relations Board (“NLRB” or...more

Ballard Spahr LLP

Two former Democratic FTC commissioners file suit over dismissal

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The two Democratic FTC members who were fired by President Trump have filed suit in federal court challenging their dismissal....more

Cozen O'Connor

Cozen Currents: Trump's Full Court Press

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“Despite the myriad factions among congressional Republicans, President Donald Trump has for the most part imposed his will on GOP lawmakers. He is now shifting his focus to the independent judiciary.” — Howard Schweitzer,...more

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