The recent decision by the U.S. Supreme Court in U.S. Securities and Exchange Commission v. Jarkesy has stirred significant discussion about the potential broader impact on state regulatory powers. The June 2024 ruling reaffirmed the Seventh Amendment’s jury trial right in federal administrative enforcement actions. This decision may soon ripple beyond its immediate federal context,…
In a significant development, former Federal Trade Commissioner Rebecca Slaughter has made a bold argument before the U.S. Supreme Court, challenging her dismissal by President Donald Trump prior to the completion of her term. Slaughter contends that her case addresses longstanding legal interpretations and questions whether the Court has erred in its understanding of such…
In a recent legal development, Altria Group and its subsidiary NJOY have challenged the process by which the U.S. International Trade Commission (ITC) appoints its administrative law judges, labeling it unconstitutional. This move is part of an effort to halt an ongoing ITC patent infringement proceeding that targets them. Their arguments were presented last Friday…
In a strategic move to bolster its governmental practice, Taft Stettinius & Hollister LLP has welcomed the former top attorney of D.C. Water into its ranks. This new addition is poised to enhance the firm’s ability to navigate the intricate regulatory landscape impacting water and wastewater management. The legal community has been observing a growing…
The role of the Supreme Court in shaping U.S. law frequently hinges on its approach to precedent. As it currently stands, the Roberts Court is perceived by some as being particularly inclined to overturn existing legal precedents, which is soon to be tested yet again. The Court is set to hear cases involving longstanding precedents,…
The U.S. administration has petitioned the Supreme Court to reverse a recent appellate court decision that reinstated Shira Perlmutter as the head of the U.S. Copyright Office. This action is a continuation of an ongoing legal battle initiated during the Trump era, focusing on the extent of presidential authority over certain executive appointments. The appellate…
A recent statement by a judge appointed during the Trump administration has sparked discussion in the legal community. Judge James Ho of the U.S. Court of Appeals for the Fifth Circuit suggested that certain judicial decisions, which he described as “outlier rulings,” should not necessarily bind future cases. His comments come amidst ongoing debates over…
The U.S. Supreme Court is embroiled in a pivotal debate over the president’s authority to dismiss officials from independent federal agencies, a matter with significant implications for the separation of powers. At the center of this dispute is an appeal to reconsider established precedent that currently allows Congress to limit the president’s power to remove…
In a recent development, the Federal Circuit has been noted for effectively reinstating Chevron deference in the context of patent law, though not explicitly naming it as such. This action has unfolded through the court’s reliance on U.S. Patent and Trademark Office policy to resolve a nuanced issue related to what qualifies as prior art….
This past Thursday, a coalition of 24 U.S. states initiated a lawsuit against the previous administration over the termination of the Solar for All program, a $7 billion grant initiative designed to expand solar energy access to over 900,000 low-income families nationwide. The plaintiffs contend the cancellation violated existing contracts between the Environmental Protection Agency…
In a recent development reflecting the ongoing complexities of U.S. immigration law, Judge Carmel Bove, appointed by former President Donald Trump, has advocated for greater judicial deference in cases related to deportations. Judge Bove’s stance emerges amidst discussions on the balance of power between immigration courts and federal authorities, raising questions about the future of…
The U.S. Court of Appeals for the Federal Circuit has upheld the International Trade Commission’s (ITC) determination that Brita LP’s U.S. Patent No. 8,167,141, which pertains to gravity-fed water filters designed to remove lead contaminants from drinking water, is invalid. This decision affirms the ITC’s findings that the patent lacked sufficient written description, failed to…
The Senate has confirmed Jennifer Mascott to the U.S. Court of Appeals for the Third Circuit with a 50-47 vote. Mascott, a significant legal mind known for her expertise in constitutional law, becomes the second appointee to the Third Circuit during President Trump’s second term. Her confirmation follows that of Emil Bove, Trump’s former personal…
The U.S. Senate confirmed Jenn Mascott to the U.S. Court of Appeals for the Third Circuit with a narrow 50-47 vote, marking a significant appointment to the federal judiciary. Previously serving in the White House Counsel’s Office, Mascott is set to fill the Delaware seat on the appellate court. Her confirmation reflects ongoing efforts by…
In a recent development, Shira Perlmutter, the former head of the U.S. Copyright Office, has contested the legality of her dismissal by President Donald Trump. The D.C. Circuit, in her case, has indicated that Trump may not have had the authority to terminate her appointment. This circumstance has raised significant questions about executive power and…
In a legal dispute that has captured national attention, a group of transgender and nonbinary Americans is urging the Supreme Court to uphold a federal district mandate permitting them to choose their sex markers on passports. This ongoing litigation, spearheaded by attorney Chase Strangio, stems from a policy shift first introduced during the Trump administration,…
The U.S. Supreme Court’s October 2025 term promises to be significant, even as it begins with a select few headline cases. These cases address critical issues such as presidential authority, transgender rights in sports, and election law. The relatively restrained docket might indicate a strategic pacing for what could be a transformative term, reflecting a…
The Senate Judiciary Committee has advanced the nomination of Jennifer Mascott, a law professor and former clerk for Justice Clarence Thomas, to the Third Circuit Court of Appeals. The move is part of an ongoing effort to impact the composition of the federal judiciary. Mascott’s nomination is another example of the influence that appointments during…
On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (FTC) “Click-to-Cancel” Rule, which was designed to simplify the cancellation process for consumers enrolled in negative option programs. The court’s decision centered on procedural deficiencies in the FTC’s rulemaking process, particularly the agency’s failure to conduct a…
The Trump administration is urging the Supreme Court to temporarily halt the enforcement of a federal judge’s ruling that mandates the State Department to allow transgender and nonbinary individuals to choose their sex marker on passports, aligning with their gender identity. This move comes after U.S. District Judge Julia Kobick’s decision in Massachusetts, which challenges…
The Department of Justice has petitioned the D.C. Circuit for a rehearing concerning its earlier decision to temporarily reinstate the former head of the U.S. Copyright Office, who was dismissed by President Trump. The administration asserts that the president’s authority to remove the copyright chief stems from the office’s status within the executive branch (Law360)….
A recent development involving one of Donald Trump’s circuit court appointments has sparked discussion within legal circles. Judge Lawrence VanDyke, a Trump appointee to the Ninth Circuit, has emerged as a figure of interest due to his recent judicial opinions that have drawn criticism from some conservative commentators. Judge VanDyke’s decisions have primarily focused on…
Brooke Poole Clark, who recently served as General Counsel for the U.S. Nuclear Regulatory Commission (NRC), has joined Morgan Lewis as a partner in their energy and project development practice in Washington, D.C. Clark’s tenure at the NRC spanned nearly 25 years, during which she held positions including General Counsel, Secretary, and Director of the…
The U.S. Copyright Office has been thrust into the spotlight following a decision by the D.C. Circuit to temporarily reinstate its former head. This development comes in the wake of the Trump administration’s controversial dismissal of the official. The appellate court criticized a lower court’s oversight regarding the potential harm to the ousted head if…
A recent decision by a divided panel of the Fourth Circuit has determined that a coalition of states lacks standing to sue the Trump administration over the dismissal of numerous probationary government employees. This ruling, issued on Monday, established that the primary impact of the layoffs was on the employees themselves, rather than the states…