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Statutory Interpretation Judicial Authority Constitutional Challenges

Sheppard Mullin Richter & Hampton LLP

Supreme Court Decides Against Reinstating Wilcox to NLRB as They Rule on Her Termination – NLRB Remains Without a Quorum

On May 22, 2025, the U.S. Supreme Court ruled National Labor Relations Board (“NLRB”) Member Gwynne Wilcox cannot return to work while she challenges President Donald Trump’s decision to terminate her without cause. The...more

Morrison & Foerster LLP

Ousted CPSC Democrats Fight Back Against President Trump

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

Littler

Federal Court Vacates Portion of PWFA Final Rule Requiring Accommodation for Elective Abortions

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On May 21, 2025, Judge David C. Joseph of the U.S. District Court for the Western District of Louisiana issued a ruling vacating the Equal Employment Opportunity Commission’s final rule under the 2022 Pregnant Workers...more

Parker Poe Adams & Bernstein LLP

Federal District Court Vacates EEOC Guidance on LGBTQ+ Discrimination

Last week, a federal district court in Texas granted summary judgment to the State of Texas in a lawsuit challenging portions of the Equal Employment Opportunity Commission’s workplace harassment guidance dealing with...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

Troutman Pepper Locke

FAPA in the Spotlight Again: Second Circuit Renews Call for NY Court of Appeals Review

Troutman Pepper Locke on

The legal and constitutional implications of New York’s Foreclosure Abuse Prevention Act (FAPA) are back in the spotlight as the U.S. Court of Appeals for the Second Circuit again turns to the New York Court of Appeals for...more

Snell & Wilmer

Circuit Split: Eleventh Circuit Upholds Florida Firearm Purchase Ban for 18-to-21-Year-Olds

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A recently issued decision by the Eleventh Circuit may open the door for additional direction from the U.S. Supreme Court regarding the scope of the Second Amendment. In National Rifle Association v. Bondi, the Eleventh...more

Lerman Senter PLLC

Court Rejects FCC's Reinstatement of Form 395-B Filings

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A federal appeals court has invalidated the FCC’s attempt to require broadcasters to file annual reports disclosing the race, ethnicity, and gender of their employees....more

Snell & Wilmer

First Circuit Upholds Denial of Preliminary Injunction Against Massachusetts’ Ban on Assault Weapons and Large-Capacity Magazines

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In April 2025, the U.S. Court of Appeals for the First Circuit decided Capen v. Campbell, a case arising from a challenge to Massachusetts’ ban on assault weapons and large-capacity magazines. The court affirmed a district...more

Lerman Senter PLLC

Federal Communications Commission Enforcement Enters a Time of Uncertainty

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Recent political and legal developments call into question the future of the Federal Communications Commission’s in-house enforcement practices....more

Shipkevich PLLC

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

Shipkevich PLLC on

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

Goulston & Storrs PC

AG's Power Holds, but Agency Shortcuts Don't

Goulston & Storrs PC on

In Att’y Gen. v. Town Milton, the court ruled that the Massachusetts Bay Transportation Authority (“MBTA”) Communities Act, G. L. c. 40A, § 3A (“Section 3A”), is constitutional, and that the Attorney General has the authority...more

Snell & Wilmer

Ninth Circuit Panel Holds That the Second Amendment Prohibits Certain Requirements Regarding Firearm Permits and Physical...

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Introduction A divided Ninth Circuit panel ruled that Hawaii cannot enforce laws that (1) allow acquisition of a handgun only within 30 days of obtaining the necessary permit and (2) require physical inspection of a firearm...more

Arnall Golden Gregory LLP

A Constitutional Perspective on False Claims Act Penalties: District Court Finds That Penalties Conflict With Constitution’s...

In a potential watershed decision issued on February 26, 2025, the United States District Court for the Northern District of Texas ruled, in U.S. ex rel. Taylor v. Healthcare Associates of Texas, that the civil penalties...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

Alston & Bird

Importers Challenge Reciprocal Tariffs in Court of International Trade

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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

Brownstein Hyatt Farber Schreck

California Water Statute Cannot Overcome Constitutional Balancing—Even for Fish

California Fish and Game Code Section 5937 has long been a subject of scholarly debate with uncertainty in its application. In a published opinion filed on April 2, 2025, California’s Court of Appeal for the Fifth Appellate...more

K&L Gates LLP

Natural Gas Bans: From New York to Washington, Courts Shift the Landscape on Legality of State and Local Gas Bans

K&L Gates LLP on

Following the election wins we reported on in November 2024, state and local bans on the use of natural gas remain a highly litigated issue across the country. In this alert, we cover two recent cases dealing with local and...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

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

Weintraub Tobin

Whiplash at the NLRB

Weintraub Tobin on

On April 7, 2025, National Labor Relations Board (NLRB) Member Gwynne Wilcox was again reinstated after initially being fired by President Trump in a short email on January 27, 2025, stating that he had lost confidence in...more

Nossaman LLP

Federal Circuit Diverts ESA Takings Challenge

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The Fifth Amendment to the U.S. Constitution states, in part, “nor shall private property be taken for public use, without just compensation.” The federal Endangered Species Act deals with a different type of “taking.”...more

Hanson Bridgett

Court Reaffirms Constitution’s Role in Water Use Disputes

Hanson Bridgett on

On April 2, 2025, California’s Fifth Appellate District issued a decision in Bring Back the Kern v. City of Bakersfield (April 2, 2025, F087487) (2025 WL 98443). The Court held the “self-executing” reasonableness requirement...more

Constangy, Brooks, Smith & Prophete, LLP

On Again: Full D.C. Circuit sends Member Wilcox back to NLRB

The full U.S. Court of Appeals for the District of Columbia Circuit, in a 7-4 decision, has put Gwynne Wilcox (D), the on-again, off-again Member of the National Labor Relations Board, back on the Board. Member Wilcox, a...more

Snell & Wilmer

Arizona High Court Explains Decision Affirming Legislative Council’s Publicity Pamphlet Summary for 2024 Abortion Initiative

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In August 2024, the Arizona Supreme Court issued a decision holding that the Arizona Legislative Council’s analysis of the Arizona Abortion Access Act Initiative (Prop 139), substantially complied with statutory requirements...more

Sheppard Mullin Richter & Hampton LLP

Full D.C. Circuit Court Reinstates Wilcox to the NLRB

On April 7, 2025, the U.S. Court of Appeals for the District of Columbia held that President Trump’s termination of National Labor Relations Board (“NLRB” or the “Board”) Member Gwynne Wilcox was unlawful. The decision marks...more

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