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Unconstitutional Condition

Ropes & Gray LLP

Finally, a constitutional reckoning for the Texas anti-boycott statute

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Texas adopted SB 13, its energy company “anti-boycott” statute, nearly five years ago, in 2021. This legislation was one of the earliest concrete shots across on the bow in the then-burgeoning anti-ESG movement....more

Orrick, Herrington & Sutcliffe LLP

Texas Attorney General Adds New Certification Requirement Following DEI Opinion

On January 20, 2026, the Texas Attorney General’s office issued a letter To All Bond Counsel (ABC Letter) prescribing a new certification requirement for Texas issuers. For all municipal bond transcripts submitted by issuers...more

Bradley Arant Boult Cummings LLP

Blue-State Grantees Vindicated by Federal Court

The U.S. District Court for the District of Columbia recently issued a significant ruling in City of Saint Paul, Minnesota, et al. v. Christopher Wright, addressing constitutional constraints on executive agency conduct in...more

Jackson Lewis P.C.

A Closer Look at the President’s Latest Executive Order Regarding State AI Legislation

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Following failed congressional attempts to limit state AI laws, on December 11, 2025, the President issued an Executive Order titled Ensuring a National Policy Framework for Artificial Intelligence. The Order represents...more

Ballard Spahr LLP

Federal Court Enjoins DEI and Gender Executive Orders

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The City of Seattle recently succeeded in securing a partial injunction against the Trump Administration’s enforcement of two executive orders (EOs) under which the Administration threatened to withhold millions in federal...more

Beveridge & Diamond PC

Are Extended Producer Responsibility Laws Constitutional: A Look at the Legal Challenge in Oregon

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Key Takeaways - Many states have now enacted extended producer responsibility (EPR) laws, creating new and costly requirements for manufacturers, wholesalers, and retailers based on the packaging of the products they...more

Clark Hill PLC

A Public School District's Bar Against Students Referring to Transgender Classmates with Biological Sex Pronouns is...

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In Defending Education v. Olentangy Local School District Board of Education, _ F.3d _ (6th Cir.  2025), the United States Sixth Circuit Court of Appeals ruled that an Ohio public school district’s prohibition against...more

BCLP

ExxonMobil Takes Its Turn Challenging California Climate Disclosure Laws

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In late October, ExxonMobil filed a complaint in the U.S. District Court for the Eastern District of California against state officials challenging the state’s new carbon emissions disclosure law (SB 253) and climate risk...more

Holland & Knight LLP

Religious Institutions Update: October 2025

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In Catholic Charities Bureau, Inc. v. Wis. Labor & Indus. Rev. Comm'n, 145 S.Ct. 1583 (2025), the Wisconsin Labor and Industry Review Commission determined that Catholic Charities Bureau, Inc. and other charitable entities...more

Ropes & Gray LLP

White House Invites Nine Universities to Enter “Compact” in Exchange for Access to Federal Funds and Other Benefits

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On October 1, 2025, according to external reporting by The Wall Street Journal, the Washington Examiner, and others, the White House sent a letter inviting nine universities to enter into an accompanying nine-page Compact for...more

Venable LLP

Federal Grant Recipients Take Note - The Government May Be Attempting to Narrow Your Organization's First Amendment Free Speech...

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Since January 20, 2025, a number of grant recipients have filed lawsuits challenging the federal government's decisions to withhold funding and/or terminate grant agreements. In many cases, grantees have alleged that the...more

White & Case LLP

9th Circuit Backs SEC’s No-denials Settlement Rule – but Leaves the Door Open to Future Challenges

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On August 6, 2025, the US Court of Appeals for the Ninth Circuit rejected a challenge to US Securities & Exchange Commission (“SEC”) Rule 202.5(e) (“Rule 202.5(e)” or the “Rule”) that sought to have the Rule declared...more

Carlton Fields

Ninth Circuit Rejects Free Speech Challenge to SEC “No Admit, No Deny” Rule but Warns Against Unconstitutional Restraint of Speech

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For more than five decades, the Securities and Exchange Commission’s (SEC) “no admit, no deny” (NAND) settlement policy has been a cornerstone of its enforcement program. Rule 202.5(e) of the SEC’s Rules of Practice permits...more

Perkins Coie

Court of Appeal Rejects Constitutional Challenges to Ordinance Requiring Restrictive Covenant for New Residential Development on...

Perkins Coie on

The First District Court of Appeal held that a local government may condition the issuance of a permit to build residential units on agricultural land on the developer’s willingness to record a restrictive covenant. ...more

Kerr Russell

Sixth Circuit Upholds Rental Inspection Ordinances: No Fourth Amendment Violation in Conditioning Licenses on Warrantless...

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Whether you are a residential rental property owner or a tenant, odds are at some point you are going to encounter a rental inspection ordinance. Following the housing market crash in 2008, rental inspection ordinances grew...more

BCLP

Appeals Court Denies Challenge to SEC Rule Requiring Settling Parties not to Deny Liability

BCLP on

The SEC’s longstanding practice of requiring settling parties not to deny the charges against them, denounced as the “gag rule” by critics, recently withstood another legal challenge. ...more

Haynes Boone

Boxed In? Lawsuit Challenges Constitutionality of Oregon’s EPR Law

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On July 30, 2025, the National Association of Wholesaler-Distributors (NAW) filed a lawsuit1 challenging Oregon’s Plastic Pollution and Recycling Modernization Act. The Act created Oregon’s sweeping extended producer...more

McDermott Will & Schulte

Fourth Circuit strikes down Maryland’s digital ad tax “pass-through” ban

Maryland’s attempt to stop businesses from telling customers about a controversial tax has hit a constitutional wall. On August 15, 2025, the US Court of Appeals for the Fourth Circuit ruled that the state’s “pass-through”...more

Best Best & Krieger LLP

Court of Appeal Upholds Traffic Impact Fee Post-Sheetz: Class-Based Development Fees Can Survive Takings Scrutiny

The United States Supreme Court’s April 12, 2024 decision in Sheetz v. County of El Dorado unanimously rejected longstanding California precedent. The Court’s decision further solidified that fees imposed as a condition of...more

DLA Piper

Federal Lawsuit Targets Oregon’s Plastic Pollution and Recycling Modernization Act

DLA Piper on

Oregon’s Plastic Pollution and Recycling Modernization Act (RMA), one of the first extended producer responsibility (EPR) laws implemented in the US, is facing its first challenge in court. The outcome of the suit could have...more

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

Oregon Plastic Pollution and Recycling Modernization Act: National Association of Wholesaler-Distributors Files Judicial Challenge

The National Association of Wholesaler-Distributors (“NAWD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) on July 30th in the United States District Court for the District of Oregon against the Oregon...more

Otten Johnson Robinson Neff + Ragonetti PC

Colorado Cities Sue State Over 2024 Housing Density and Parking Reforms

Several Colorado municipalities have sued the state challenging the constitutionality of landmark zoning reforms enacted in 2024.  The lawsuit specifically concerns two new laws passed by the legislature and one executive...more

Freeman Law

89th Texas’ Senate Bill 10 – The (Unconstitutional) Ten Commandments Bill

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Preamble to the U.S. Constitution (and this Insights Blog). We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense,...more

DLA Piper

Federal Court Declares Proposition 65 Warnings for Acrylamide in Food Unconstitutional

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The US District Court for the Eastern District of California on May 2, 2025 granted summary judgment in favor of the California Chamber of Commerce, holding that Proposition 65 warning requirements for acrylamide in food...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

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