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Public Policy
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August 05, 2025
5th Circ. Says Texas Voter ID Law Is Legally Sound
A Fifth Circuit panel upheld a Texas law that requires voters to provide an identification number when voting by mail, finding the law complies with the Civil Rights Act and that the state designed it to combat mail-in ballot fraud.
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August 05, 2025
Challenge To GOP Enviro Grant Cutoff Can Proceed, Judge Told
Attorneys for environmental infrastructure grant recipients told a D.C. federal judge Tuesday that the U.S. Environmental Protection Agency's own emails show that a proposed class action challenging the blanket termination of a climate justice and resilience grant program can move forward despite Congress' recent recission of "unobligated" funds.
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August 05, 2025
Fired NCUA Officials Urge DC Circ. To Return Them To Board
Two top credit union regulators fired by President Donald Trump are asking the D.C. Circuit to let them go back to work while it reviews a lower-court decision reinstating them, arguing their service is needed to prevent a painful impending snapback in interest-rate limits for federal credit unions.
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August 05, 2025
Ex-USPTO Heads, Judges Oppose Anti-Patent Thicket Bill
A pro-innovation group composed of former U.S. Patent and Trademark Office officials and former Federal Circuit judges on Tuesday asked Congress to oppose a bill introduced last month that would limit so-called patent thickets used by pharmaceutical companies to restrict the production of generic counterparts to their drugs.
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August 05, 2025
FCC Asked To Reconsider Paramount-Skydance Deal
The Federal Communications Commission needs to rethink its decision to greenlight Skydance Media's controversial $8 billion acquisition of Paramount Global, a third-party firm has told the agency, arguing it never addressed "substantial evidence in the record" that Paramount was talking to President Donald Trump on the sidelines.
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August 05, 2025
10th Circ. Says No Signature Needed In Asylum Appeal
The Tenth Circuit on Tuesday revived a Salvadoran family's appeal of an immigration judge's denial of their asylum claim, ruling that the Board of Immigration Appeals wrongly rejected it over a missing signature that wasn't legally required.
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August 05, 2025
Trump Fires Most Of Puerto Rico Fiscal Oversight Board
The Financial Oversight and Management Board for Puerto Rico, a body managing the island's debt restructuring, announced Tuesday that President Donald Trump has terminated five of its seven members.
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August 05, 2025
Feds Aim To Shut Off Kids' Challenge To Trump Energy Orders
A lawsuit filed by youths alleging that President Donald Trump's energy policy directives harm their future by exacerbating climate change should be dismissed because their claims can't be addressed by courts, the federal government said Monday.
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August 05, 2025
Foreign Service Union Seeks Early Win In State Dept. EO Case
A union representing thousands of foreign service workers called on a D.C. federal judge to determine that President Donald Trump went too far with an executive order gutting collective bargaining rights for federal workers, alleging the directive violates the First Amendment.
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August 05, 2025
NAB Says Streamers' Success Makes 39% Cap Outdated
The broadcast industry's top lobbying group said marketplace changes call for the Federal Communications Commission to lift the 39% cap on national TV audience share.
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August 05, 2025
FCC Moves Ahead On Controversial Broadband Inquiry
The Federal Communications Commission said Tuesday it has launched a plan to study the deployment of broadband services across the U.S. that consumer groups have attacked as failing to account for wide gaps in adoption and affordability.
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August 05, 2025
Pa. Court Says State Can Suspend DUI Suspect's License
In a precedential ruling, Pennsylvania's Commonwealth Court has found that a state law stripping those suspected of DUI of their driver's licenses for one year if they refuse to be tested for intoxicating substances is constitutional, despite a driver's contrary assertions.
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August 05, 2025
Ex-ComEd Lobbyist Gets 1 Year For Masking Madigan Bribes
A former lobbyist for Commonwealth Edison was sentenced to a year and a day in prison Tuesday for allowing his lobbying firm to serve as a pass-through for the utility to pay associates of ex-Illinois House Speaker Michael Madigan for little to no work, as it sought his support for favorable energy legislation.
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August 05, 2025
RI Urges 1st Circ. To Toss Challenge To Pot License Regime
Rhode Island cannabis regulators on Tuesday urged the First Circuit to uphold the dismissal of a Florida entrepreneur's challenge to the state's marijuana licensure program and to reject his bid to have the case remanded back to lower district court.
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August 05, 2025
Feds Float Long-Awaited Drone Rule For Beyond Line Of Sight
The Trump administration on Tuesday proposed a long-awaited rule that would allow commercial drones to be flown beyond an operator's visual line of sight, paving the way for drones to be used for longer-range purposes like fighting wildfires and inspecting infrastructure.
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August 05, 2025
4th Circ. Faults Board For Shallow Review Of Asylum Case
The Fourth Circuit on Tuesday partially revived a Salvadoran woman's claim for asylum, finding that the Board of Immigration Appeals failed to properly assess whether she belonged to a legally protected social group.
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August 05, 2025
Ghislaine Maxwell Slams Feds' Bid To Unseal Grand Jury Docs
Ghislaine Maxwell, who is serving a 20-year prison sentence for trafficking children for late sex offender Jeffrey Epstein, urged a New York federal judge Tuesday to deny the government's bid to unseal grand jury transcripts, saying release of the sealed materials could jeopardize the appeal of her 2021 conviction.
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August 05, 2025
A Free Exercise 'Blueprint' In Colo. Abortion Reversal Order
A Colorado federal judge's decision to allow medication abortion "reversals" on free exercise grounds could serve as a model for other lawsuits meant to legitimize a practice that is outside the standard practice of medicine.
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August 05, 2025
Tenn. Executes Man With Intellectual Disability For 3 Murders
Tennessee on Tuesday executed Byron Black, who the state conceded had an intellectual disability and should have been removed from death row, for a 1988 triple murder.
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August 05, 2025
Advocacy Org. Wants FTC's Full, Dropped Pepsi Complaint
The Federal Trade Commission's price discrimination complaint against Pepsi could become public after all, despite the agency dropping the lawsuit, after a New York federal judge on Tuesday permitted an advocacy group to intervene in the case in order to seek the full, unredacted filing.
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August 05, 2025
Utah Judge Blocks 'Bad Faith' Prosecution Of Psilocybin Church
A Utah federal judge has blocked a state court prosecution of the leader of a church that uses psilocybin in its sacrament, finding the prosecution was initiated in bad faith to harass the church and its members following a ruling against the state in the federal case.
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August 05, 2025
Korean War Vet's Widow Sues Feds For Wrongful Death
The widow of a Korean War veteran has sued the federal government, alleging that staff at Georgia's Carl Vinson VA Medical Center caused her husband's death by failing to care for him properly while he was a patient at its community living center.
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August 05, 2025
Meet FDA Chief Counsel Sean Keveney
The new top attorney at the U.S. Food and Drug Administration, described as a "tremendous technical lawyer," rose through the ranks as a federal prosecutor before helping lead President Donald Trump's confrontation with elite universities this year.
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August 05, 2025
Gas Breaks Can't Justify Russian Fertilizer Duties, Fed. Circ. Told
The federal government improperly concluded that EuroChem's Russian imports to the U.S. were subject to countervailing duties because of natural gas subsidies those products benefited from, counsel representing the company told the Federal Circuit during oral arguments Tuesday.
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August 05, 2025
Law Profs Urge 11th Circ. To Toss Judge-Shopping Sanctions
A group of seven law school professors is urging the Eleventh Circuit to toss a sanctions ruling against three attorneys for judge shopping, arguing that federal law does not forbid the practice and citing the "potentially chilling effect the order will have on counsel, especially those involved in pro bono representation."
Expert Analysis
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Tips For Cos. From California Climate Reporting FAQ
New guidance from the California Air Resources Board on how businesses must implement the state's sweeping climate reporting requirements should help companies assess their exposure, understand their disclosure obligations and begin documenting good-faith compliance efforts, says Thierry Montoya at Frost Brown.
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FDA's Hasty Policymaking Approach Faces APA Challenges
Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.
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DOJ Crypto Enforcement Is Shifting To Target Willfulness
Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.
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Legal Considerations Around Ibogaine As Addiction Therapy
Recent funding approval in Texas pertaining to the use of ibogaine for the potential treatment of substance use disorders signals a growing openness to innovative addiction treatments, but also underscores the need for rigorous compliance with state and federal requirements and ethical research standards, say attorneys at Husch Blackwell.
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Unpacking DOJ's Suit Against Maryland Federal Bench
Political hoopla aside, the Trump administration’s suit naming the Maryland federal district court and all of its judges, which challenges a standing order that delays deportation upon the filing of a habeas petition, raises valid questions about both the validity of the order and the DOJ’s approach, says Steven Gordon at Holland & Knight.
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What Calif. Insurance Ruling Means For Smoke Damage Limits
As California continues to grapple with an increasing number of wildfire claims, a state court's recent Aliff v. California FAIR Plan decision serves as a clear directive to insurers that policy language that narrows the scope of fire coverage below the California Insurance Code's minimum standards is impermissible, say attorneys at Wood Smith.
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Wash. Law Highlights Debate Over Unemployment For Strikers
A new Washington state law that will allow strikers to receive unemployment benefits during work stoppages raises questions about whether such laws subsidize disruptions to the economy or whether they are preempted by federal labor law, says Daniel Johns at Cozen O'Connor.
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Why SEC Abandoned Microcap Convertible Debt Crackdown
The U.S. Securities and Exchange Commission has recently dismissed several cases targeting microcap convertible debt lenders, a significant disavowal of what was a controversial enforcement initiative under the Biden administration and a message that the new administration will focus on clear fraud, say attorneys at O'Melveny.
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Justices' Resentencing Ruling Fortifies First Step Act Tools
The U.S. Supreme Court’s recent Hewitt v. U.S. ruling clarifies that resentencing after vacatur must reflect the law in effect at the time of the new sentencing, ultimately strengthening the strategic tools available to defense attorneys under the First Step Act, says Benson Varghese at Varghese Summersett.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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A Rapidly Evolving Landscape For Noncompetes In Healthcare
A wave of new state laws regulating noncompete agreements in the healthcare sector, varying in scope, approach and enforceability, are shaped by several factors unique to the industry and are likely to distort the market, say attorneys at Seyfarth.
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New PTAB Denial Processes Grow More And More Confusing
Guidance from the U.S. Patent and Trademark Office about the Patent Trial and Appeal Board's new workload management and discretionary denial processes has been murky and inconsistent, and has been further muddled by the acting director's seemingly contradictory decisions, say attorneys at Finnegan.
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Arguing The 8th Amendment For Reduction In FCA Penalties
While False Claims Act decisions lack consistency in how high the judgment-to-damages ratio in such cases can be before it becomes unconstitutional, defense counsel should cite the Eighth Amendment's excessive fines clause in pre-trial settlement negotiations, and seek penalty decreases in post-judgment motions and on appeal, says Scott Grubman at Chilivis Grubman.
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GENIUS Act Creates 'Commodity' Uncertainty For Stablecoins
Half a century ago, Congress made trading in onion futures on commodity exchanges unlawful, and payment stablecoins could soon face a similarly unstable fate in the markets as the GENIUS Act heads to the president's desk for signature, says Peter Malyshev at Cadwalader.
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EU Space Act Could Stifle US Commercial Operators
The EU Space Act, proposed last month, has the potential to raise global standards for safety and sustainability in space, but the U.S. and EU need to harmonize their regulatory approaches to avoid imposing regulatory burdens that undermine commercial innovation and agility, say Jessica Noble and Adriane Mandakunis at Aegis Space Law.