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Statutory Interpretation Executive Orders

ArentFox Schiff

Executive Order on Overcriminalization in Federal Regulations

ArentFox Schiff on

On May 9, President Trump issued a new Executive Order (EO) titled “Fighting Overcriminalization in Federal Regulations” to address criminal enforcement of regulatory offenses, particularly strict liability offenses where the...more

Blake, Cassels & Graydon LLP

Legal Challenges to U.S. Tariffs Escalate

Since February 1, 2025, United States President Donald Trump has issued a number of executive orders imposing tariffs on countries around the world, including Canada. As the tariff landscape continues to shift, the number of...more

Ballard Spahr LLP

Coalition for a Democratic Workplace Urges US Attorney General to Unilaterally Override Biden-Era NLRB Decisions

Ballard Spahr LLP on

The Coalition for a Democratic Workplace (CDW) – an association of several hundred employers and employer associations – sent letters to US Attorney General Pam Bondi to direct the National Labor Relations Board (NLRB) to...more

Vedder Price

President Trump Issues Executive Action Directing the Repeal of Unlawful Regulations

Vedder Price on

On April 9, 2025, President Trump issued a presidential memorandum (the order) directing the heads of all Federal agencies to identify unlawful or potentially unlawful regulations that clearly exceed the agency’s statutory...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

Perkins Coie

New Executive Order Addresses Tariff “Stacking”

Perkins Coie on

President Trump recently imposed a wide variety of tariffs on U.S. imports....more

Snell & Wilmer

Agencies to Use Good Cause Exception to Repeal Illegal Regulations

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Recently, President Donald Trump directed agencies to take steps to immediately repeal illegal regulations under the good cause exception to the notice-and-comment requirement. Because this latest effort could have...more

Stevens & Lee

Presidential Memorandum Calls for Scrutiny and Fast-Track Repeal of Regulations

Stevens & Lee on

President Trump issued a Memorandum on April 6 directing the heads of all executive departments and agencies to identify on a fast-track basis (60 days) certain categories of “unlawful and potentially unlawful” regulations...more

Alston & Bird

Importers Challenge Reciprocal Tariffs in Court of International Trade

Alston & Bird on

Monday, a group of five plaintiffs filed an action in the Court of International Trade (“CIT”) asking the court to enjoin and declare illegal the reciprocal tariffs imposed under Executive Order 14257 (April 2, 2025) and...more

Troutman Pepper Locke

White House Issues Memorandum Directing Federal Agencies to Repeal Regulations Deemed to be Unlawful Pursuant to Recent U.S....

Troutman Pepper Locke on

On April 9, the White House issued a memorandum directing federal executive departments and agencies to repeal regulations deemed unlawful pursuant to certain U.S. Supreme Court decisions. This directive aims to address...more

Wiley Rein LLP

Trump Directs Agencies to Quickly Repeal Unlawful Regulations, Without Notice-and-Comment

Wiley Rein LLP on

On April 9, 2025, President Trump signed a Presidential Memorandum (Memorandum) entitled Directing the Repeal of Unlawful Regulations. The Memorandum – part of a broader “Department of Government Efficiency” Deregulatory...more

Foley Hoag LLP - Medicaid and the Law

Medina v. Planned Parenthood South Atlantic: Oral Arguments Focus on Statutory ‘Magic Words’

On April 2, 2025, the U.S. Supreme Court heard oral arguments in Medina v. Planned Parenthood South Atlantic. At issue in Medina is § 1902(a)(23) of the Social Security Act (the Act),1 or the “free-choice-of-provider”...more

Sheppard Mullin Richter & Hampton LLP

Treasury Confirms All CDFI Fund Programs Are Backed by Law Amid Executive Order Review

On March 21, the U.S. Department of the Treasury submitted a report to the Office of Management and Budget affirming that all 11 programs administered by the Community Development Financial Institutions (CDFI) Fund are...more

Sheppard Mullin Richter & Hampton LLP

Split D.C. Circuit Panel Rules Trump Can Remove Wilcox from NLRB – NLRB to Stay Without a Quorum

A three-judge panel for the U.S. Court of Appeals issued a favorable ruling for President Trump, staying a recent district court decision that ruled his termination of National Labor Relations Board (“NLRB” or the “Board”)...more

Harris Beach Murtha PLLC

U.S. Supreme Court to Interpret 14th Amendment’s Citizenship Clause

On January 20, 2025, President Donald Trump signed Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship,” aiming to narrow the application of birthright citizenship in the United States. The...more

BCLP

Dear Public, What Should We DELETE, DELETE, DELETE? Best Regards, the FCC.

BCLP on

On March 12, 2025, Federal Communications Commission (“FCC”) chair, Brendan Carr, opened a new docket titled In Re: Delete, Delete, Delete (the “Notice”), asking for the public’s help in identifying “unnecessary” FCC rules,...more

Lathrop GPM

Executive Orders, Actions, Agency Regulations, and Congressional Legislation - How They Differ and Why It Matters

Lathrop GPM on

President Trump issued more than 70 Executive Orders in the first 30 days of his new administration – nearly twice the amount his closest competitor (President Biden) issued in his first 100 days. These Executive Orders have...more

Seyfarth Shaw LLP

HHS’ Withdrawal of 2022 Guidance Raises Questions about Coverage for Gender-Affirming Care

Seyfarth Shaw LLP on

In a move with potentially significant implications for entities subject to the Affordable Care Act, the Department of Health and Human Services (HHS) has reversed course and now contends that Section 1557 of the Affordable...more

Carlton Fields

DNC Files First Challenge to Executive Order Seizing Power From Independent Regulatory Agencies, but With a Twist That May Limit...

Carlton Fields on

We recently covered executive order 14215, titled “Ensuring Accountability for All Agencies,” the second Trump administration’s most straightforward attack on the discretion of what it called “so-called independent regulatory...more

Epstein Becker & Green

Unusual Combinations of Justices Denying Veterans’ Claim but Requiring Executive to Make Foreign Aid Payments to Contractors -...

The U.S. Supreme Court resolved more textual battles yesterday, one in a fully argued case, the other on procedural motions. The combinations of Justices continue to defy stereotypes, and at least one of those combinations,...more

Davis Wright Tremaine LLP

New Administration Outlook: Trump's Executive Order on Independent Agencies—and Asserting the Unitary Executive (Part 1)

Despite the tone and tint of recent headlines, President Trump's February 18, 2025, "Ensuring Accountability for All Agencies" Executive Order (the "Accountability EO") appears to be the latest in a long line of efforts to...more

Snell & Wilmer

President Trump Issues Executive Order Addressing Second Amendment Rights

Snell & Wilmer on

On February 7, 2025, President Trump issued an executive order directing the Attorney General to review and propose actions to address the right to keep and bear arms, which he called “an indispensable safeguard of security...more

Jenner & Block

Client Alert: Independent Agencies Under a Microscope—What Are the Implications for FERC?

Jenner & Block on

In his second week in office, President Trump fired Gwynne Wilcox (a member of the NLRB). The firing was communicated by an email sent from the Deputy Director of the Office of Presidential Personnel with a statement from the...more

McGlinchey Stafford

Executive Orders and Federal Contractors: Minimum Wage Requirements Called into Question

McGlinchey Stafford on

We’ve seen the President issue a number of executive orders in recent weeks. What is the precedent for these orders, particularly when it comes to governing the operations of federal contractors? What is the process for these...more

Bass, Berry & Sims PLC

Fifth Circuit Delivers Boast to Presidential Authority Under the FPASA

Bass, Berry & Sims PLC on

On February 4, the Fifth Circuit Court overturned a September 2023 order from a Texas trial court finding President Biden lacked the authority under the Federal Property and Administrative Services Act (FPASA or Act) to...more

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