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Public Policy
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February 20, 2026
Old 'Drunkards' Laws Cited As Support For Disarming Pot Users
The federal government is urging the Supreme Court to overturn a Fifth Circuit finding that a man couldn't be disarmed for regular cannabis use under federal law, arguing that the law does allow such disarmament — much as founder-era laws authorized taking guns away from "habitual drunkards" to preserve public safety.
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February 20, 2026
Native Policy Roundup: Sens. Try To Revive $350M Ed Funding
A bill that would allow for "Native American" markers on state-issued identification in New Mexico died this week despite bipartisan support, federal lawmakers called for the restoration of $350 million in minority education funding and Wisconsin lawmakers advanced a bill to allow online sports betting through the state's tribes.
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February 20, 2026
US, Indonesia Sign Trade Deal Cutting Tariffs Both Ways
President Donald Trump's administration and the government of Indonesia have finalized a trade deal in which the Southeast Asian country will eliminate nearly all of its tariffs against U.S. imports in exchange for a 19% tariff rate on Indonesian imports, with substantial carveouts.
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February 20, 2026
Va. Judge Says Immigrant Bond Hearing Was Unconstitutional
A Salvadoran immigrant detained for removal proceedings did not get a constitutionally-compliant bond hearing after Trump administration officials were ordered to allow the man to seek his release, a Virginia federal judge has ruled.
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February 20, 2026
Deportation Policy Pushes Texas Federal Bench To The Brink
Texas has suffered through a shortage of judges for its federal courts for a while now, but the recent influx of immigration cases is pushing the system to the brink.
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February 20, 2026
Groups Fight Trump Arctic Drilling Plan Over Wildlife Risks
Alaskan natives and environmental organizations urged an Alaska federal court to block the Trump administration's expansion of oil and gas development in the country's largest single piece of public land, arguing it hasn't satisfied procedural requirements meant to protect wildlife.
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February 20, 2026
Neb. Tax Board Says Retail Property Correctly Valued
The Nebraska tax board said that a retail property assessed at more than $1 million was valued correctly, despite claims from the property owner that the assessor's income approach valuation was wrong, in an order released Friday.
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February 20, 2026
Fabiani Cohen Escapes Fired Black Atty's Discrimination Suit
A New York federal judge tossed a Black attorney's case claiming Fabiani Cohen & Hall LLP subjected her to racist harassment and fired her after she sued, backing a magistrate judge's conclusion that the alleged mistreatment wasn't severe enough and her case lacked evidence of prejudice.
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February 20, 2026
Trump Imposes Maximum Tariff After Supreme Court Rebuke
President Donald Trump imposed a temporary global tariff with several exemptions hours after the U.S. Supreme Court struck down tariffs imposed under the International Economic Emergency Powers Act, then announced that he would increase the duty to the 15% maximum.
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February 19, 2026
5th Circ. Pauses Order Scrapping FTC Merger Filing Overhaul
The Fifth Circuit on Thursday granted the Federal Trade Commission's emergency motion to pause a Texas federal judge's ruling that threw out the agency's overhaul of premerger reporting requirements.
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February 19, 2026
Judge Denies Mylan And Aurobindo's Bid To Escape Trial
A Connecticut federal judge has once again rejected generic-drug makers' bid to escape a multistate lawsuit accusing them of engaging in an overarching antitrust conspiracy, saying the evidence supports the need for a jury trial on whether the companies colluded to fix prices and divvy up markets for dozens of generic drugs.
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February 19, 2026
Calif. EV Waiver Fight Faces 'Significant' Hurdles, Judge Says
A California federal judge appeared open Thursday to tossing at least some claims by California and other states challenging the Trump administration's efforts to repeal Clean Air Act waivers, saying during a hearing that certain claims face "a significant challenge" following the Ninth Circuit's Center for Biological Diversity v. Bernhardt ruling.
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February 19, 2026
Texas Suit Says Sanofi Paid Kickbacks For Prescriptions
Texas Attorney General Ken Paxton sued Sanofi-Aventis US LLC in state court Thursday, accusing the pharmaceutical company of paying kickbacks to providers so they would prescribe Sanofi's drugs.
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February 19, 2026
Eutelsat Seeks Fast-Track C-Band Relocation Payments
As the Federal Communications Commission makes plans to auction off part of the upper C-band, Eutelsat thinks the agency should use its auction of the lower part of the band as a guide, particularly when it comes to paying satellite operators to clear out quickly.
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February 19, 2026
SEC Rejects Call To Halt Consolidated Audit Trail Spending
The U.S. Securities and Exchange Commission has told Citadel Securities LLC that it will not act immediately to stop the operators of a market surveillance database from spending money collected under an old funding plan nixed by the Eleventh Circuit.
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February 19, 2026
No Verdict Thursday In Goldstein Case
The jury in SCOTUSblog founder Thomas Goldstein's tax evasion trial broke for the weekend on Thursday without reaching a verdict.
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February 19, 2026
Minn. Court Weighs Civil Liberties In Refugee Detention Case
Constitutional concerns took center stage during a hearing in Minnesota federal court on Thursday on whether to continue blocking the Trump administration from further detaining any of the roughly 5,600 refugees in Minnesota who have not yet secured their green card.
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February 19, 2026
Prisoners Slam 'Unacceptable' Delay In Ga. Trans Care Suit
A group of transgender Georgia prisoners has accused state officials of dragging their heels in implementing a court order requiring the correctional system to resume hormone therapy treatments, asking a federal judge to force the state to begin notifying class members imminently.
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February 19, 2026
Judge Hesitant To DQ Prosecutor In Fla. Foreign Agent Case
A Florida federal judge seemed hesitant Thursday to disqualify a federal prosecutor in the criminal case against a former Florida congressman and a lobbyist accused of failing to register as foreign agents for Venezuela but chided the U.S. Attorney's Office for not providing more information to rebut the bias accusations and "put this to rest."
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February 19, 2026
Religious Org. Backs Psychedelic-Using Church At 10th Circ.
An entheogenic religious organization is urging the Tenth Circuit to maintain an order blocking Utah County and Provo City, Utah, from prosecuting a church for its use of psilocybin, saying the state's religious protections shouldn't depend on whether the prosecutors consider the religion "legitimate."
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February 19, 2026
Washington Justices' Input Sought On Prosecutorial Immunity
A Seattle federal judge said he intends to send a certified question to the Washington Supreme Court as part of a lawyer's racial discrimination suit against Snohomish County judges and prosecutors, giving parties a week to weigh in on what exactly the question should be.
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February 19, 2026
Live Nation Says Judge Should Have Cut More Of DOJ's Case
Live Nation urged a New York federal court on Thursday to further pare down the government's antitrust case against the company, saying a ruling earlier in the week should have nixed additional allegations involving the promotion services it provides to major concert venues.
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February 19, 2026
FCC Floats Nearly $200K Fine On Dahua For Late Filing
The Federal Communications Commission will seek an almost $200,000 fine against Zhejiang Dahua Technology Co. for allegedly failing to file paperwork detailing its subsidiaries and affiliates going back three years under a U.S. national security program.
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February 19, 2026
JPMorgan Pans Trump's 'Woefully Inadequate' Debanking Suit
JPMorgan Chase on Thursday removed President Donald Trump's $5 billion "debanking" lawsuit to Florida federal court, saying it plans to fight for dismissal of the case as it rolled out a Jones Day legal team that includes Trump's former Solicitor General Noel Francisco.
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February 19, 2026
Gov'ts, Nonprofits Push To Block Trump's Student Loan Rule
States, cities and nonprofit groups urged a Massachusetts federal judge to overturn the U.S. Department of Education's new rule allowing it to bar some organizations from seeking public service student loan forgiveness, saying the rule is illegal and must be vacated.
Expert Analysis
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A Primer On Law Enforcement Self-Defense Doctrine
In the wake of several shootings by federal immigration agents in Minneapolis, misconceptions persist about what the laws governing police use of force actually permit, and it’s essential for legal practitioners to understand the contours of the underlying constitutional doctrine, says Markus Funk at White & Case.
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Ramped Up Psychedelic Production Carries Opportunity, Risk
Kimberly Chew at Husch Blackwell discusses the key legal implications of the U.S. Drug Enforcement Administration's recent dramatic increases in the production quotas for a range of psychedelic substances, offering guidance on compliance, risk management and strategic opportunities for practitioners navigating this rapidly evolving landscape.
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Series
Teaching Logic Makes Me A Better Lawyer
Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.
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New Biotech Nat'l Security Controls May Have Blunted Impact
While the newly enacted federal prohibition against contracting with certain biotechnology providers associated with countries of concern may have consequences on U.S. companies' ability to develop drugs, the restrictions may prove to be less problematic for the industry than the significant publicity around their passage would suggest, say attorneys at Wilson Sonsini.
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Series
Law School's Missed Lessons: Practicing Resilience
Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.
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Takeaways From The DOJ Fraud Section's 2025 Year In Review
Former acting Principal Deputy Chief Sean Tonolli of the U.S. Department of Justice's Fraud Section, now at Cahill Gordon, analyzes key findings from the section’s annual report — including the changes implemented to adapt to the new administration’s priorities — and lays out what to watch for this year.
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New State Regs On PFAS In Products Complicate Compliance
The new year brought new bans and reporting requirements for per- and polyfluoroalkyl substances in half a dozen states — in many cases, targeting specific consumer product categories — so manufacturers, distributors and retailers must not only monitor their own supply chains, but also coordinate to ensure compliance, say attorneys at Morgan Lewis.
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Bid Protest Data Contradicts Claims That System Is Inefficient
Recently released data debunks the narrative that the federal procurement system is overwhelmed by excessive or meritless bid protests, revealing instead that the process is healthy and functioning as intended, says Joshua Duvall at Duvy Law.
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Opinion
Congress Should Lead On AI Policy, Not The States
There needs to be some limits on how far federal agencies go in regulating artificial intelligence systems, but Congress must not abdicate its responsibility and cede control over this interstate market to state and local officials, say Kevin Frazier at the University of Texas School of Law and Adam Thierer at the R Street Institute.
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Breaking Down Expense Allocation In Mixed-Use Properties
Rapid increases in condominium fees and special assessments, driven by multiple factors such as rising insurance costs and expanded safety requirements, are contributing to increased litigation, so equitable expense allocation in mixed-use properties requires adherence to the governing documents, says Mike Walden at FTI Consulting.
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Opinion
Minn. Can Still Bring State Charges In Absence Of Fed Action
After two fatal shootings by federal immigration officers in Minneapolis, Minnesota's role isn't waiting to see if the federal government brings criminal charges, but independently weighing state homicide charges and allowing the judiciary to decide whether the subject conduct falls within the narrow protections of supremacy clause immunity, says Sheila Tendy at Tendy Law.
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4 Lessons From FTC's Successful Bid To Block Edwards Deal
The Federal Trade Commission's recent victory in blocking Edwards Lifesciences' acquisition of JenaValve offers key insights for deals in life sciences and beyond, including considerations around nonprice dimensions and clear skies provisions, say attorneys at Orrick.
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Limiting Worker Surveillance Risks Amid AI Regulatory Shifts
With workplace surveillance tools becoming increasingly common and a recent executive order aiming to preempt state-level artificial intelligence enforcement, companies may feel encouraged to expand AI monitoring, but the legal exposure associated with these tools remains, say attorneys at MoFo.
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Can OCC State Banking Law Preemption Survive The Courts?
While two December proposals from the Office of the Comptroller of the Currency seek to foreclose pending consumer litigation against national banks related to residential mortgage lending, it's unclear whether this aggressive approach will withstand judicial scrutiny under the U.S. Supreme Court's 2024 rulings in Cantero and Loper Bright, say attorneys at Davis Wright.
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How Selig May Approach CFTC Agricultural Enforcement
As the U.S. Commodity Futures Trading Commission begins a new chapter under recently confirmed Chairman Michael Selig's leadership, a look back at the agency's actions in agricultural markets over the past six years sheds light on what may lie ahead for enforcement in the area, say attorneys at Latham.