News & Analysis as of

Constitutional Challenges Administrative Procedure Act Executive Orders

Lathrop GPM

Executive Orders and Their Limits - What Businesses Need To Know

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An Executive Order is a signed, published directive issued by the President of the United States to manage operations within the federal government. These orders guide the actions of government officials and agencies, but do...more

Venable LLP

Trump Fires Democratic FTC Commissioners, Setting Up a Direct Challenge to Humphrey’s Executor

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On March 18, President Trump fired the two Democratic commissioners of the Federal Trade Commission (FTC). The removals of Alvaro Bedoya and Rebecca Kelly Slaughter are the latest in a series of executive actions that will...more

Sheppard Mullin Richter & Hampton LLP

Federal District Court Reverses Firing of NLRB Member Wilcox – NLRB Returns to Statutory Quorum

On March 6, 2025, U.S. District Court Judge Beryl Howell held that Gwynne Wilcox, a former member of the National Labor Relations Board (“NLRB” or the “Board”) was “illegally” fired from her job. The court ordered the Board’s...more

Holland & Knight LLP

Reading the Tea Leaves: Supreme Court Dips Its Toe into Brewing Federal Spending Fight

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The early days of the Trump Administration have featured a wide range of actions related to federal spending. This has included payment pauses, contract and grant terminations or reevaluations, lease terminations, changes in...more

Foley Hoag LLP - State AG Insights

State AGs Take the Lead in First Month of Trump Opposition

The first month of the second Trump Administration has been marked by a deluge of executive orders and federal agency directives aimed at implementing the new administration’s policy priorities. State Attorneys General have...more

Blank Rome LLP

Regulated Entities: It’s Time to Play Love It or Leave It with Federal Regulations

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Amidst the flurry of Executive Orders (“EOs”) that tends to accompany any new administration, one EO may have flown under the radar. But for the regulated community—which, these days, includes most businesses in some form or...more

Blank Rome LLP

Deregulation of the Administrative State: Opportunities and Risks Presented by Recent Executive Order

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Amidst the flurry of Executive Orders (“EOs”) that tends to accompany any new administration, one EO may have flown under the radar. But for the regulated community—which, these days, includes most businesses in some form or...more

Genova Burns LLC

President Trump to Federal Agencies: “I’ve Got This”

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President Trump’s February 18th Executive Order entitled, “Ensuring Accountability for All Agencies,” represents a sweeping effort to consolidate federal executive branch lawmaking power with the President. The Order’s...more

Carlton Fields

Executive Order Making “So-Called Independent Agencies” Directly Responsive to the President Is Another Nail in the Coffin of the...

Carlton Fields on

On February 18, 2025, the Trump administration issued its most straightforward attack on the discretion of what it described as “so-called independent agencies.” Executive order 14215, titled “Ensuring Accountability for All...more

Skadden, Arps, Slate, Meagher & Flom LLP

Rolling Back the Administrative State: Understanding Trump’s Deregulatory Initiative

On February 19, 2025, President Donald Trump issued the executive order “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative” (the 2025 EO). The 2025 EO,...more

Vinson & Elkins LLP

What is “Illegal DEI”: Vagueness Partially Sinks President Trump’s Executive Orders on Diversity, Equity and Inclusion

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On February 21, 2025, a federal judge issued a nationwide preliminary injunction that partially prevents the Trump administration from enforcing its executive orders on diversity, equity and inclusion (“DEI”). At issue were...more

Orrick, Herrington & Sutcliffe LLP

Trump signs executive order on DOGE to reduce federal regulations

On February 19, President Trump signed an executive order titled “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Regulatory Initiative.” The order emphasized the...more

Jackson Lewis P.C.

Two Lawsuits Challenge Trump Administration’s Termination of Venezuela TPS

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Advocacy groups and Venezuelan immigrants have filed suit in federal courts over terminated removal protections for Venezuelans in the United States. On Feb. 19, 2025, the National TPS Alliance, an advocacy group for...more

WilmerHale

President Trump Issues Executive Order On Implementing DOGE Deregulatory Agenda

WilmerHale on

On February 19, 2025, President Trump issued an executive order titled “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative” (“the Deregulation EO” or...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

Perkins Coie

Executive Order Expands Presidential Oversight of Independent Agencies

Perkins Coie on

President Donald Trump recently signed a new executive order that confirms the administration’s legal position that so-called independent regulatory agencies operate under the control of the White House. Executive Order...more

Latham & Watkins LLP

President Trump Issues Executive Order Asserting Greater Control Over Independent Agencies

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The order requires “so-called independent regulatory agencies” to align their proposed regulations, legal interpretations, expenditures, and priorities with the White House....more

Akin Gump Strauss Hauer & Feld LLP

Ensuring Lawful Governance and Implementing the President’s “Department of Government Efficiency” Deregulatory Initiative (Trump...

Directs agency heads, in coordination with their Department of Government Efficiency (DOGE) team lead and the Office of Management and Budget (OMB) Director, to initiate a process to review all agency regulations and rescind...more

Jenner & Block

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

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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

Davis Wright Tremaine LLP

New Administration Outlook: Court Grants Partial Temporary Restraining Order on Executive Order Halting Foreign Aid

On Thursday, February 13, the U.S. District Court for the District of Columbia issued a partial temporary restraining order in response to lawsuits challenging Executive Order 14169, which paused all congressionally...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

Shipman & Goodwin LLP

Federal OMB Funding Freeze and Litigation Primer

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Amid a surge of presidential executive orders since the change in administrations, the federal Office of Management and Budget (OMB) has published a series of documents that have spawned much confusion and litigation. Via...more

Jackson Lewis P.C.

Uncertainty for Federal Contractors: Circuits Split as Fifth Circuit Upholds Minimum Wage Mandate

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The U.S. Court of Appeals for the Fifth Circuit has reversed a Texas federal court’s decision that invalidated President Joe Biden’s executive order increasing the hourly minimum wage for employees of federal contractors. The...more

Orrick, Herrington & Sutcliffe LLP

Navigating Executive Actions: How to Assess Their Impact and Legality

In the first two weeks of his second administration, President Donald J. Trump has signed dozens of executive orders and “taken more than 300 executive actions” on a broad array of topics. These topics include oil and gas...more

Schwabe, Williamson & Wyatt PC

Fifth Circuit Reverses Injunction on Federal Contractor Minimum Wage

On February 4, in Texas v. President Trump & Department of Labor, a Fifth Circuit panel reversed a permanent injunction issued by the U.S. District Court for the Southern District of Texas. The injunction prohibited the...more

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