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

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

Federal Court Blocks DEI Executive Orders Nationwide

Last week, a federal court in Maryland issued a memorandum opinion and a nationwide preliminary injunction preventing enforcement of certain provisions of President Donald Trump’s Executive Orders related to diversity,...more

U.S. and State Attorneys General Indicate Readiness to Bring DEI Enforcement Actions

In the latest developments in the DEI policy chronicles, on the same day she was sworn into office, U.S. Attorney General Pam Bondi issued a memorandum entitled “Ending Illegal DEI and DEIA Discrimination and Preferences.”...more

President Trump Issues Executive Order Addressing Second Amendment Rights

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

Lawsuit Threatens DEI-Related Executive Orders

As outlined in a recently published Legal Alert, shortly after taking office, President Donald Trump enacted two Executive Orders designed to detect and eliminate diversity, equity, and inclusion (DEI) programs related to...more

What President Trump’s Executive Orders Could Mean for the Disadvantaged Business Enterprise Program

Since taking office, President Donald Trump has enacted two Executive Orders aimed at eliminating diversity, equity, and inclusion (DEI) and diversity, equity, inclusion, and accessibility (DEIA) programs from all aspects of...more

Crude Oil & Agency Review: SCOTUS Weighs NEPA Environmental Studies Requirements

2024 was a year defined by change in the world of administrative law. With the U.S. Supreme Court’s review of the National Environmental Policy Act (NEPA) in Seven County Infrastructure Coalition v. Eagle County, the nation’s...more

D.C. Circuit Curbs Department of Transportation’s Pipeline Rules, Further Signaling an Everchanging Approach to the Administrative...

Last week, the U.S. Court of Appeals for the District of Columbia Circuit vacated a series of regulations passed by the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA). The...more

U.S. Supreme Court Reins in Agency Enforcement Powers

At the end of its most recent term, the U.S. Supreme Court took aim at the Securities and Exchange Commission’s internal enforcement mechanism, heavily curtailing the ability of the SEC to self-enforce violations of our...more

Supreme Court Clarifies Evidentiary Contours of Racial and Political Gerrymandering Jurisprudence

Every ten years, states conduct a redistricting process to redraw state and congressional boundary lines for the selection of elected representatives. Due to its politically thorny nature, this process unsurprisingly results...more

Biden's LNG Export Permit Moratorium: Is It Really in the ''Public's Interest?''

Last week, House and Senate leaders convened to discuss President Biden’s current liquefied natural gas (“LNG”) export permit freeze, which opponents contend will have a significant impact on domestic energy security, jobs,...more

Eighth Circuit Ends Private Enforcement of Key Provision of the Voting Rights Act

The Voting Rights Act (“VRA”), a landmark civil rights law enacted in 1965, has frequently been used as an enforcement mechanism to strike down voting laws and procedures that discriminate against voters on the basis of race....more

A Constitutional Shakeup in Administrative Law? The Fifth Circuit’s New Decision Revisits the Application of the Nondelegation...

A groundbreaking decision released by the Fifth Circuit on May 18 signals a changing landscape for federal administrative law and the separation of powers. In Jarkesy v. Securities and Exchange Commission, 34 F.4th 446 (5th...more

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