News & Analysis as of

Supreme Court of the United States Obama Administration

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 -
Constangy, Brooks, Smith & Prophete, LLP

DACA’s in trouble, and only Congress may be able to save it

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has affirmed a lower court ruling that the Deferred Action for Childhood Arrivals program is invalid. According to the appeals court, the DACA program was...more

Parker Poe Adams & Bernstein LLP

Next Steps for Federal Energy Policy After Supreme Court's EPA Ruling

​​​​​​​On the last day of its 2022 term, the Supreme Court curtailed the Environmental Protection Agency’s ability to cut carbon emissions from the nation’s power plants. The court held that the “generation shifting”...more

Schwabe, Williamson & Wyatt PC

The Clean Power Plan Update

On Friday, June 30, the U.S. Supreme Court issued its opinion in  West Virginia v. EPA resolving the seven-year debate over the Environmental Protection Agency’s statutory authority to promulgate the President Obama-era Clean...more

WilmerHale

Despite Carbon Cost Win, Biden Climate Plans Still At Risk

WilmerHale on

On May 26, the U.S. Supreme Court ruled to allow the Biden administration to continue using the social cost of carbon estimates in its regulatory analyses, developed pursuant to an executive order from President Joe Biden. ...more

Mintz

Another Judge Who Couldn't Care Less What EPA Thinks -- Will the Chaos Created In Arizona Spread?

Mintz on

News this morning that an Arizona Federal District Court Judge has done what many of us expected would happen eventually -- purport to strike down the Trump Administration's regulation establishing the reach of the Federal...more

Perkins Coie

Chief Justice Roberts' Statement Questions Broad Presidential Authority Under the Antiquities Act of 1906

Perkins Coie on

On March 22, 2021, the U.S. Supreme Court denied certiorari in a case that upheld President Obama’s designation under the Antiquities Act of the Northeast Canyons and Seamounts Marine National Monument in the northern...more

Obermayer Rebmann Maxwell & Hippel LLP

Back In the Saddle and Ready To Ride: Will SCOTUS Buck Social Trends in the LGBT Rights Rodeo?

October 7, 2019 marked the beginning of a new U.S. Supreme Court term. One significant employment law matter the Court is expected to rule on has to do with lesbian, gay, bisexual and transgender (“LGBT”) rights. In a trio of...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court to Review if Title VII Prohibits Discrimination Based on Sexual Orientation and Gender Identity

Last Monday, the U.S. Supreme Court agreed to review a trio of cases that could have a major impact on employer practices and legal risks posed by employment discrimination claims. The cases involve the question of whether...more

Jackson Walker

The Labor and Employment Horizon—2019

Jackson Walker on

If there has been one constant in employment law over the last generation, it is change. The forecast for 2019 is no different. In Congress, the Supreme Court, and the Texas Legislature, employers can expect developments that...more

BCLP

EPA and the U.S. Army Corps of Engineers Propose Yet Another Definition of “Waters of the United States” (“WOTUS”) – What to...

BCLP on

On December 11, 2018, the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (the “Corps”) proposed new regulations that would sharply curtail the Corps’ permitting authority under the Clean Water...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2018 #2

As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more

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

Supreme Court Declines to Review California’s Halt of DACA Rescission

The Supreme Court of the United States has rejected the Trump administration’s request that it review a California federal court’s order temporarily halting the federal government’s action to end the Deferred Action for...more

Dorsey & Whitney LLP

SCOTUS Rules Clean Water Rule Challenges Belong in District Court

Dorsey & Whitney LLP on

The Supreme Court held unanimously Monday that challenges to the Obama Administration’s 2015 “Clean Water Rule,” which defined “waters of the United States” (“WOTUS”) subject to regulation under the Clean Water Act (“Act”),...more

Goulston & Storrs PC

Update: Tip Pooling by Restaurant Owners Remains in Flux

Goulston & Storrs PC on

This past April, we reported on a recent Ninth Circuit ruling which upheld a 2011 Department of Labor (“DOL”) rule that prohibits restaurants from instituting tip-pooling arrangements that include both front-of-house staff...more

Fisher Phillips

September 2017: The Top 10 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. The law always seems to evolve at a rapid pace, and September 2017 was no different. In order to make sure that you stay on top of the latest...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Shaking Things Up – The Trump Administration, Regulatory Change, and Administrative Law: Allan Gates (Mitchell Williams) National...

My law firm colleague Allan Gates undertook a webinar presentation for the National Association of Clean Water Agencies (“NACWA”) titled: - Shaking Things Up – The Trump Administration, Regulatory Change, and...more

Vedder Price

The Immigration Report: 200 Days of the Trump Administration

Vedder Price on

Wherever you fall on the political spectrum, there is no denying that the first 200 days of President Trump’s administration have been an interesting time for employers impacted by immigration regulations. The whirlwind of...more

Benesch

DOJ Now Supports Enforcement of Employment Arbitration Clause

Benesch on

The U.S. Justice Department has abruptly reversed course in a U.S. Supreme Court case concerning an employment agreement that restricts employees from participating in class and collective lawsuits, arguing that a mandatory...more

Fisher Phillips

Supreme Court Returns Transgender Bathroom Case to Lower Court

Fisher Phillips on

Today the U.S. Supreme Court announced that it would not entertain arguments in GG v. Gloucester County School Board, a case that would have been the Court’s first significant opportunity to weigh in on gender identity...more

Dickinson Wright

Obama-Era Guidance on Transgender Student Rights Reversed by Departments of Education and Justice

Dickinson Wright on

On February 22, 2017, President Donald Trump’s administration issued a two-page "Dear Colleague" letter that formally rescinded the Obama administration’s interpretation of transgender student rights as an extension of Title...more

Haynsworth Sinkler Boyd, P.A.

What Can Employers Glean from the DOE’s and the DOJ’s Position on the Provision of Transgender Bathrooms under Title IX?

On February 22, 2017, the Department of Justice and the Department of Education issued a “Dear Colleague” letter withdrawing the statements of policy and guidance issued by the Department of Education on January 7, 2015 and...more

Seyfarth Shaw LLP

Trump Administration Withdraws Prior Department of Education Interpretations Regarding Title IX Protections Afforded to...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Departments of Justice and Education jointly issued a “Dear Colleague” letter yesterday withdrawing and rescinding the Obama Administration’s prior guidance letters which instructed schools that...more

Ruder Ware

Trump Administration Withdraws Transgender Guidance

Ruder Ware on

On February 22, 2017, one day before briefs were submitted to the Supreme Court in a case involving a transgender student in Pennsylvania, the Trump Administration, through the Department of Justice (DOJ) and the Department...more

Akerman LLP - HR Defense

What’s in a Pronoun? Liability for Employers

Political correctness in the workplace has become increasingly complex. Employers who have referred to transitioning employees with the wrong pronoun have found themselves in the crosshairs of the EEOC. But what about those...more

Littler

Plan to Grant Work Authorization to Millions Remains on Hold After Supreme Court Denies Request for Rehearing

Littler on

On the first day of its new term, the United States Supreme Court sidestepped another opportunity to determine the constitutionality of President Obama’s executive immigration reforms. On October 3, 2016, the Court denied...more

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