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The U.S. Supreme Court’s conservative majority trained its legal firepower this term on curbing federal regulatory authority, cementing its critical role in a longstanding effort by business interests and others to defang the “administrative state,” our colleague Andrew Chung writes. Two regulatory rulings last week are expected to have widespread reverberations.
The court’s 6-3 ruling to overturn a key legal doctrine that called on courts to give deference to government agency interpretations of federal law will make it easier for judges to second-guess actions by U.S. agencies. The opinion will empower legal challenges to regulations in the federal sphere such as air and water quality, food and drug safety, employment standards and investor protection, Chung writes.
The “Chevron deference” ruling “is the most significant administrative law decision in decades from the U.S. Supreme Court,” Troutman Pepper’s Misha Tseytlin said. “That decision will fundamentally change not only litigation over agency rules, but also the manner in which agencies approach their rulemaking processes.” The conservative majority has “continued to make limiting the power of administrative agencies one of its highest priorities,” said Mayer Brown’s Nicole Saharsky, a Supreme Court litigator.
Last week, the conservative majority also ruled that enforcement actions seeking penalties for fraud that are handled in-house by the SEC instead of in federal courts violate the Constitution’s Seventh Amendment right to a jury trial. The dissenting liberal justices warned hundreds of statutes could be imperiled.
Read more:
US Supreme Court ruling curbing agency powers could hobble labor board
Wall Street’s top regulator faces worsening battle in wake of Supreme Court ruling
Biden tailpipe emission rules on shakier ground after Supreme Court ruling
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- Dechert is considering closing its offices in Hong Kong and Beijing, becoming the latest foreign law firm to scale back in Greater China, two people said, amid a prolonged capital market downturn and growing Sino-U.S. tensions. If the move from China is finalized, Dechert’s Asia footprint will be limited to Singapore. Other U.S. law firms that have announced closures of some of their China offices or scaled down their operations since last year include Morrison & Foerster, Sidley and Mayer Brown.
- The Texas Supreme Court reinstated a lawsuit by a Waco judge accusing a state judicial commission of trampling her religious freedom rights over her refusal to officiate at same-sex weddings. The state high court did not rule on the merits of Dianne Hensley’s claims, only that she can pursue her lawsuit. A judicial ethics body publicly warned Hensley in 2019.
- Donald Trump ally Steve Bannon is due to report to prison today in Connecticut to serve a four-month sentence for defying a congressional subpoena from the committee that probed the Jan. 6, 2021, U.S. Capitol attack. The U.S. Supreme Court last week rejected Bannon’s request to delay his sentence while he appeals his conviction.
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That’s the percentage decrease in the number of M&A deals signed globally in the second quarter of 2024 compared with that period a year ago, while deal volumes grew 3.7%, according to data from Dealogic. Top deal lawyers and investment bankers brushed off concerns about the health of the M&A market, saying their pipelines were in robust shape going into the latter half of the year. “It just feels like a regular old M&A year, and I think we’ll just keep cruising along,” said Damien Zoubek, co-head of U.S. corporate and M&A at Freshfields. Some advisers noted the rate of dealmaking has returned to levels seen in pre-pandemic years.
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“Sleep is a biological necessity, not a crime.“
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—Justice Sonia Sotomayor, writing in dissent as the U.S. Supreme Court upheld anti-camping laws used by authorities in an Oregon city to stop homeless people from sleeping in public parks and public streets. The justices ruled 6-3 to overturn a lower court’s decision that found that enforcing the ordinances in the city of Grants Pass when no shelter space is available for the homeless violates the U.S. Constitution’s Eighth Amendment prohibition on “cruel and unusual” punishments. Various jurisdictions employ similar laws. The decision gives local and state governments a freer hand in confronting a national homelessness crisis.
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Court calendars are subject to last-minute docket changes.
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- Crypto exchange Binance must face most of a lawsuit filed by the SEC, U.S. District Judge Amy Berman Jackson in D.C. ruled. The decision deals a blow to Binance, which had asked the court to toss the SEC’s lawsuit that alleges Binance and its founder and former CEO Changpeng Zhao broke securities laws.
- A $4.7 billion U.S. verdict against the National Football League over the cost of its “Sunday Ticket” broadcast package could reshape how games are distributed — if it holds up. The blockbuster verdict could be tripled under antitrust law to more than $14 billion, but the NFL said it will fight to overturn it as the decade-long legal battle enters its next stage.
- Iowa can enforce a ban on most abortions after about six weeks of pregnancy, the state’s highest court ruled, reversing a lower court order that had blocked the law from taking effect. The 4-3 ruling from the Iowa Supreme Court held that the law does not violate citizens’ rights under the state constitution, rejecting a lawsuit by Planned Parenthood.
- The Texas Supreme Court refused to block a Republican-backed state law that bans transgender minors from being provided gender-affirming medical care, such as puberty blockers and hormones. The court on an 8-1 vote rejected arguments by families with transgender children and doctors that the law was discriminatory and deprived parents of their rights under the state constitution to make decisions concerning their children’s care.
- Visa and Mastercard can likely withstand a “substantially greater” settlement than the $30 billion accord they agreed to with merchants who said they overpaid on swipe fees, U.S. District Judge Margo Brodie in Brooklyn said in a newly unsealed order. Brodie rejected preliminarily approving the settlement. Visa and Mastercard, which have both denied wrongdoing, said they were disappointed by the court’s ruling.
- The Biden administration asked a federal judge to dismiss a lawsuit by anti-smoking groups demanding that it end nearly a year of delay and ban menthol cigarettes, which are used disproportionately by Black and younger people. The FDA said in a court filing the delay was not unreasonable because it had yet to determine that a ban was “appropriate for the protection of the public health.”
- U.S. Bankruptcy Judge Michael Kaplan approved Rite Aid’s restructuring plan, allowing the pharmacy chain to cut $2 billion in debt and turn over control of the company to a group of its lenders. Kaplan said at a hearing the restructuring had saved the company from having to shut down and liquidate operations.
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