News & Analysis as of

Separation of Powers

Hudson Cook, LLP

State Watch: Consumer Protection Enforcement Update - May the Force of Law Be with You

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Attorney General James sued a national bank and its holding company for the bank's alleged practices relating to its offering of online savings accounts. Specifically, the AG claims that the bank offered a "high interest"...more

Verrill

When ‘Independent Judgment’ Meets Presidential Fiat: The ALJ Dilemma

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On February 18, 2025, President Trump issued Executive Order 14215 “Ensuring Accountability for All Agencies,” Section 7 of which provides that: “[t]he President and the Attorney General’s opinions on questions of law are...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

Shipkevich PLLC

New Jersey Court Reaffirms Judiciary’s Exclusive Authority Over Legal Practice, Voids Ambiguous Debt Adjustment Exception

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In a recent decision, a New Jersey court reaffirmed the Judiciary Branch’s exclusive constitutional authority to regulate the practice of law within the state. The case involved a challenge to the “limited attorney exemption”...more

Fisher Phillips

SCOTUS Will Soon Decide If Federal Judges Can Issue Nationwide Injunctions: What's at Stake for Employers?

Fisher Phillips on

The US Supreme Court is poised to decide a landmark case that could significantly limit the ability of federal judges to issue nationwide injunctions – a move that could have a profound impact on the workplace. Injunctions...more

Stevens & Lee

U.S. Supreme Court Readies to Decide an Important Separation of Powers Issue

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With May having begun, we have entered the zone in which the Supreme Court will be announcing decisions in the most important cases of this term. Among them is Federal Communications Commission v. Consumers’ Research, a...more

Holland & Hart - Your Trial Message

Expect Low Legal Comprehension

These are trying times for those of us who are looking to see whether American rule of law can survive its current challenges. As our executive branch tests the limits of Congressional authority, and bucks the traditions of...more

Foley & Lardner LLP

Leaked Budget Proposal Suggests Major Restructuring of Federal Health and Safety Agencies, Including the Consumer Product Safety...

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A recently leaked and apparently genuine Office of Management and Budget (OMB) Budget “Passback” memorandum—the OMB’s official feedback mechanism for budget submissions from federal agencies—signals major changes to the...more

Bass, Berry & Sims PLC

District Court Blocks Department of Labor Enforcement of Contractor DEI Certification Requirement

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On April 14, U.S. District Judge Matthew F. Kennelly ruled, in relevant part, that the U.S. Department of Labor (DOL) cannot require federal grant recipients to certify that their diversity, equity and inclusion (DEI)...more

Husch Blackwell LLP

California Mounts Constitutional Challenge to IEEPA Tariffs

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On April 16, 2025, the State of California filed a complaint against President Trump, the Secretary of Homeland Security and US Customs and Border Protection (CBP) challenging the legality of tariffs imposed under the...more

Epstein Becker & Green

Deportation Ruling Highlights a Potential Separation-of-Powers Clash - SCOTUS Today

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Late in the day on April 10, the U.S. Supreme Court issued a unanimous opinion relating to an order in the case of Noem v. Abrego Garcia....more

McDermott Will & Emery

Kentucky Legislature Ends Judicial Deference To State Agencies

In a realignment of judicial review standards, the Kentucky General Assembly overrode Governor Andy Beshear’s (D-KY) veto of Senate Bill (SB) 84, effectively abolishing judicial deference to all agency interpretations of...more

Orrick, Herrington & Sutcliffe LLP

U.S. District Court Blocks CFPB Shutdown; Trump Administration Seeks Immediate Stay

On Friday, March 28, U.S. District Judge Amy Berman Jackson took the “extraordinary step” of broadly enjoining the newly installed leadership of the CFPB from “eliminat[ing] the agency before the Court has the opportunity to...more

Ice Miller

The Evolving Diversity, Equity, and Inclusion Landscape: What to Do Now?

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In January 2025, President Donald J. Trump signed several Executive Orders immediately after being sworn into office. Executive Order 14151 “Ending Radical and Wasteful Government DEI Program and Preferencing” and Executive...more

Lathrop GPM

Federal “Information Silos” Protect Privacy - A New Executive Order Threatens Them

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On March 20, President Trump signed an Executive Order titled Stopping Waste, Fraud, and Abuse by Eliminating Information Silos, which calls for federal officials “to have full and prompt access to all unclassified agency...more

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

D.C. Circuit Rules Trump Can Remove Independent Agency Members Without Cause

On March 28, 2025, the U.S. Court of Appeals for the District of Columbia Circuit ruled that President Donald Trump likely has the authority to remove National Labor Relations Board (NLRB) member Gwynne Wilcox and Merit...more

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

20 States and District of Columbia Sue Over U.S. Department of Education Mass Layoff

On March 13, 2025, twenty states and the District of Columbia sued the Trump administration to stop its plans to cut the U.S. Department of Education’s workforce by roughly half. The case is in the U.S. District Court for the...more

McDermott Will & Emery

An Odyssey of Timeliness: Appointments Clause Arguments Must Be Preserved

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Citing forfeiture, the US Court of Appeals for the Federal Circuit upheld the dismissal of a complaint against the US Patent & Trademark Office (PTO). The complaint sought director review of a 2018 Patent Trial & Appeal Board...more

FordHarrison

DC District Court Reinstates NLRB Member Wilcox

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On March 6, 2025, U.S. District Judge Beryl A. Howell from the U.S. District Court for the District of Columbia ordered that Gwynn Wilcox be reinstated to the National Labor Relations Board (NLRB) and complete her five-year...more

Snell & Wilmer

FDIC Reverses Position on the Constitutionality of In-House Administrative Law Judges

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After several Supreme Court decisions and Executive Orders upended many of the norms governing the relationship between governmental agencies and the constitutional branches, a recent decision by the Federal Deposit Insurance...more

Littler

Federal District Court Reverses Removal of NLRB Member Gwynne Wilcox

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A federal district court has held that Gwynne Wilcox, a member of the National Labor Relations Board, was “illegally” fired from her job. The court ordered the Board’s current chair to restore her access to the Board and let...more

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

Federal Judge Reinstates NLRB Member Wilcox, Removed by President Trump

National Labor Relations Board (NLRB) Member Gwynne Wilcox, removed by President Donald Trump during his first days in office, has been reinstated by a federal judge of the U.S. District Court for the District of Columbia....more

Shipman & Goodwin LLP

State of Maryland and Washington Federal Judges Enjoin Two of President Trump's Gender Identity Executive Orders

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As Justice Kennedy remarked in the landmark decision striking down the Defense of Marriage Act: “The Constitution’s guarantee of equality ‘must at the very least mean that a bare [governmental] desire to harm a politically...more

Foley Hoag LLP - State AG Insights

State AGs Take the Lead in First Month of Trump Opposition

The first month of the second Trump Administration has been marked by a deluge of executive orders and federal agency directives aimed at implementing the new administration’s policy priorities. State Attorneys General have...more

Berkshire

Another Lawsuit Challenges Trump’s Anti-DEI Orders

Berkshire on

Yet another challenge has been launched against President Trump’s anti-DEI executive orders, particularly EO 14151 (“Ending Radical and Wasteful Government DEI Programs and Preferencing”) and EO 14173 (“Ending Illegal...more

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