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Jan. 19, 2024

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What’s going on today?

Binance to face off with the SEC.
FTX to get bankruptcy examiner to probe collapse.
Prince Harry withdraws libel claim against British tabloid.
Plus, your week in review.

Have a great weekend!

How is the ‘war on the administrative state’ faring at the Supreme Court?

REUTERS/Evelyn Hockstein/File Photo

Three cases before the U.S. Supreme Court will help determine the advance of the conservative push called the “war on the administrative state,” which aims to weaken federal agencies that regulate key aspects of American life and business.

Is the “Chevron deference” doomed? Will the CFPB survive? What’s the fate of in-house judges at the SEC?

Here’s a look at the cases and the possible consequences.

More top news:

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Week in Review …

REUTERS/Elizabeth Frantz/File Photo

Trump’s legal woes …

Fresh off a campaign victory in Iowa, Donald Trump sat in a New York courtroom this week to defend himself for a second time against charges that he defamed writer E. Jean Carroll, who has rejected suggestions that her reputation has been enhanced in the years since she publicly accused him of rape … A federal judge warned him he could be kicked out of the trial if he kept making disparaging comments that the jury could hear … A Maine court said the state should wait for the U.S. Supreme Court to rule on Trump’s appeal of his disqualification from Colorado’s Republican primary ballot before reevaluating a similar decision in the northeast state … Trump’s schedule this week summed up the unprecedented nature of this year’s election: spend the day in court fighting a defamation case and the evening rallying supporters in his bid to become the next president.

SCOTUS …

A U.S. Supreme Court case involving Starbucks’ firing of a group of union supporters could have a broad impact on the NLRB’s key legal tool … A lawyer for Detroit told the court that a group of attorneys allied with Trump deserved a judge’s sanction for filing a meritless lawsuit challenging the 2020 presidential election results … The justices appeared divided over a bid to further limit the regulatory powers of federal agencies … The court refused to hear an Indiana public school district’s defense of a policy barring transgender students from using bathrooms corresponding with their gender identity … And SCOTUS also shunned the lengthy legal battle between Apple and Epic Games.

Intellectual Property …

Mariah Carey fired back at a copyright lawsuit over her holiday standard “All I Want for Christmas Is You” … Apple will remove a blood oxygen monitoring feature from two flagship Apple Watch models as it fights over technology patents behind the feature … AI company Anthropic asked a Tennessee federal court to reject a copyright bid by three music publishers to stop it from using and reproducing their song lyrics through its chatbot Claude… Wedding-dress designer and influencer Hayley Paige Gutman received a new chance from the 2nd Circuit to regain control of “Hayley Paige” social media accounts … Genetic-testing company Natera must pay Maryland biotech company Ravgen $57 million in damages for infringing one of Ravgen’s patents … A Los Angeles federal court dismissed a trademark lawsuit filed by Trader Joe’s against its employee union over the use of the store’s logos on union merchandise.

Gun rights …

The 3rd Circuit ruled that Pennsylvania laws that ban 18- to 20-year-olds from carrying firearms in public during a state of emergency are unconstitutional … The DOJ argued Hunter Biden cannot rely on his constitutional right to a firearm to avoid prosecution for federal gun charges … A federal judge in Florida ruled that a U.S. law that bars people from possessing firearms in post offices is unconstitutional … And the 4th Circuit said it will hear a series of major challenges to gun control laws in March, including a case seeking to strike down Maryland’s ban on assault weapons in the wake of a 2022 U.S. Supreme Court ruling that broadly expanded gun rights.

U.S. appeals court invites Supreme Court to revisit shield for federal agency commissioners

If the U.S. Supreme Court is still hankering, after Wednesday’s marathon arguments over court deference to federal agencies, to reconsider precedent empowering the so-called administrative state, the 5th Circuit has a suggestion: It may be time to revisit the 1935 Supreme Court decision that protects commissioners on powerful federal agencies from being fired at the whim of the president. Alison Frankel has the story on the 5th Circuit’s none-too-subtle hint to the justices in a case challenging the structure of the Consumer Product Safety Commission.

Check out other recent pieces from our columnists: Alison Frankel and Jenna Greene

In other news …

The New Hampshire primary is Tuesday, so it’s crunch time for the candidates. Trump is stepping up his attacks on Nikki Haley and is courting her donors. Biden isn’t on the ballot, but his votes in the state still matter … In other election news, Trump will stay on the ballot in Washington state, and a third-party group asked the DOJ to probe Democrats … Biden signed a stopgap bill averting a U.S. government shutdown … The Palestinian Red Crescent accused Israel of firing at a hospital in Khan Younis … Hundreds of people rallied in the capital of Russia’s Bashkortostan republic in support of a jailed activist … The Dutch parliament is considering a first step toward asking the king to pay income tax … And here are our oddest photos of the week.