News & Analysis as of

Spending Clause

Hogan Lovells

The Personal Responsibility and Work Opportunity Reconciliation Act in 2026: Implications for Entities Administering “Federal...

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Shortly after retaking office, President Trump issued Executive Order 14218, “Ending Taxpayer Subsidization of Open Borders.” Invoking a landmark 1996 statute—the Personal Responsibility and Work Opportunity Reconciliation...more

Thompson Coburn LLP

Rescission

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The annual appropriations process requires Congress to pass, and the President to sign, funding bills into law by the end of each federal fiscal year. While Article I of the Constitution gives Congress the power of the purse...more

Fisher Phillips

Trump Signs AI Executive Order Targeting State Laws: Employer FAQ

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President Trump just signed a sweeping new executive order directing the federal government to file lawsuits and cut funding for states that regulate artificial intelligence, a move that could dramatically impact the use of...more

Snell & Wilmer

New Executive Order Plants the Seeds of a Federal Framework for Artificial Intelligence Regulation

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The December 11, 2025 Executive Order on “Ensuring a National Policy Framework for Artificial Intelligence” seeks to establish a unified federal approach to AI by mobilizing federal agencies to challenge state laws, condition...more

Fox Rothschild LLP

Should I Appeal My Terminated Grants in District Court or the Court of Federal Claims?

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In 2025, the government has canceled or discontinued billions of dollars in federal grants. Entities seeking to challenge these terminations have faced uncertainty as to which forum is appropriate for such claims. A federal...more

Cozen O'Connor

Democratic AGs Challenge DOJ Restrictions on Victim Services, Celebrate Separate Reversal on VOCA Funding

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A group of 21 Democratic AGs filed a lawsuit challenging new US DOJ restrictions on the use of federal funding for legal services for victims of domestic violence, sexual assault, and other violent crimes. ...more

Woods Rogers

The President’s Executive Orders on Pretrial Release

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The White House has issued two new Executive Orders (EOs) concerning criminal justice. These orders, both signed on August 25, 2025, signal the administration’s intent to apply federal resources to influence state and local...more

Shipman & Goodwin LLP

Making a Speed Bump out of a Roadblock: CMS, ICE, and Several States Battle Over Medicaid Data Privacy

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In mid-June, the Department of Health and Human Services (HHS) ordered the Center for Medicare and Medicaid Services (CMS) to share the personal information of millions of Medicaid enrollees with the Department of Homeland...more

Fisher Phillips

Federal Court Halts Enforcement of DEI Executive Orders: What Employers Need to Know + 5 Steps to Take Next

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President Trump issued two anti-DEI executive orders at the start of his second term that shook up the workplace and left federal contractors and private employers wondering how to comply. Employers grappled with...more

DCI Consulting

Preliminary Injunction Granted Against Anti-DEI Executive Orders

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In a significant legal move, Democracy Forward, on behalf of the National Association of Diversity Officers in Higher Education (NADOHE), the American Association of University Professors (AAUP), Restaurant Opportunities...more

Poyner Spruill LLP

Federal Court Rules 2024 Title IX Regulations Unconstitutional

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In its decision vacating the United States Department of Education’s 2024 Title IX Regulations on January 9, 2025, the U.S. District Court for the Eastern District of Kentucky found that the Department of Education exceeded...more

Bricker Graydon Wyatt LLP

2024 Title IX Regulations Vacated by Federal Court

On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky issued a ruling in which it vacated the 2024 Title IX regulations that went into effect in many states on August 1, 2024....more

Bond Schoeneck & King PLLC

Title IX 2024 Final Rule Struck Down

On Jan. 9, 2025, the Eastern District of Kentucky held in State of Tennessee, et al. v. Miguel Cardona, et al. that the U.S. Department of Education’s 2024 Final Rule implementing Title IX is “unlawful.” This court decision...more

Fisher Phillips

Federal Court Blocks Sweeping Title IX Rule for Schools Nationwide: How Your School Can Approach the Changes

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A federal court just blocked the sweeping Title IX rule finalized by the Biden administration last year – effectively wiping the entire rule off the books for all schools nationwide. Prior to Thursday’s ruling, schools across...more

Shipman & Goodwin LLP

2024 Title IX Regulations Are Likely Vacated

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Last year was a turbulent one for Title IX, and although we are just a few days into 2025, this turbulence has persisted into the new year. Yesterday, January 9, 2025, a federal district court in Kentucky issued a ruling that...more

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

U.S. Department of Education’s 2024 Title IX Final Rule Addressing Sex-Based Discrimination and Sexual Harassment Vacated

On January 9, 2025, in State of Tennessee v. Cardona, Civil Action No. 2:24-cv-072-DCR, the U.S. District Court for the Eastern District of Kentucky vacated the Title IX Final Rule that was issued by the U.S. Department of...more

Husch Blackwell LLP

Title IX Litigation Tracker: Tensions Rise as Litigation Remains Active Between States and the Federal Government Over Title IX...

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On April 19, 2024, the U.S. Department of Education (“Department”) released the long-awaited Final Rule to Title IX. Title IX of the Education Amendments of 1972 is a statute with corresponding regulations that protect people...more

Adams & Reese

2024 Title IX Final Rule Enjoined in Louisiana, Mississippi, Montana, and Idaho

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Last Thursday, a United States District Court in Louisiana enjoined implementation of the amended Title IX regulations (2024 Final Rule), the first decision in one of several cases challenging the 2024 Final Rule. The new...more

King & Spalding

Key Recent Developments In Environmental Justice Litigation

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Louisiana remains at the forefront of environmental justice activity. In just four days from January 19 to January 23, 2024, two courts in Louisiana offered interpretations to environmental justice efforts in the State of...more

Latham & Watkins LLP

US EPA’s Environmental Justice Objectives on Trial

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As the objectives gain traction, they are meeting state resistance in court. The US Environmental Protection Agency’s (EPA’s) strategic plan for 2022–26, released in March 2022, added a new foundational principle to the...more

K&L Gates LLP

7 to 2 - The US Supreme Court Confirms That Federal Nursing Home Reform Act Creates Patient Enforceable Rights

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On 8 June 2023, in Health and Hospital Corporation of Marion County v. Talevski, the United States Supreme Court ruled that the rights set out in the Federal Nursing Home Reform Act (FNHRA) can be enforced under 42 U.S.C. §...more

Foley Hoag LLP - Medicaid and the Law

The Supreme Court’s Talevski Decision: Medicaid Private Enforcement under Section 1983 Lives to See Another Day

Today’s post provides an important update on the Supreme Court case Health & Hospital Corporation of Marion County (HHC) v. Talevski. As readers will remember, our blog has been following this case since it made its way to...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Health & Hospital Corp. of Marion Cty. v. Talevski

On June 8, 2023, the U.S. Supreme Court decided Health & Hospital Corp. of Marion Cty. v. Talevski, No. 21-806, holding that certain rights contained in the Federal Nursing Home Reform Act (FNHRA) can be enforced through a...more

Tucker Arensberg, P.C.

Emotional Distress Monetary Damages Section 504 Claims Allowed by Supreme Court

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​​​​​​​In Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562 (April 28, 2022) (U.S. Supreme Court) concludes that damages for emotional distress are not recoverable under the Rehabilitation Act of 1973 and the...more

Law School Toolbox

Law School Toolbox Podcast Episode 362: Listen and Learn -- The Taxing and Spending Clause (Con Law)

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Welcome back to the Law School Toolbox podcast! In today's episode from our "Listen and Learn" series, we're discussing the Taxing and Spending Clause of the Constitution, which specifies how Congress can collect taxes and...more

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