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National Law Journal

FCC's Proposed ISAM Rulemaking Exceeds Its Authority Under Major Questions Doctrine

Do congressional statutes provide the Federal Communications Commission with authority to license and regulate a broad range of in-space servicing, assembly, and manufacturing activities? Under U.S. Supreme Court law, the answer is no.
7 minute read

National Law Journal

'Unlawful Several Times Over': Groups Urge 8th Circuit to Scrap SEC Climate Disclosure Rule

"The SEC cannot invoke abstract policy goals to aggrandize its authority beyond disclosure of 'financial" information material to investors." the rule's challengers stated in their appellate court brief.
3 minute read

National Law Journal

Biden Taps Christy Goldsmith Romero to Chair the FDIC

If confirmed by the U.S. Senate, Goldsmith Romero would succeed Martin Gruenberg, who has come under fire for the FDIC's reportedly toxic office. Gruenberg announced last month his intention to resign on the confirmation of his successor.
3 minute read

National Law Journal

Divided Supreme Court Strikes Down Federal Bump Stock Ban

In its 6-3 decision, the high court rejected the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives' argument that bump stocks are analogous to machine guns, which have been outlawed in the United States since the 1934.
3 minute read

National Law Journal

SEC Chair Gensler Defends Embattled Private Fund Adviser Rule After 5th Circuit Defeat

"What we did in [the private fund adviser] rule, I think, was to help investors in private funds get quarterly statements on their fees, performance and any side deals with other investors," Gary Gensler said. "We thought and believed that it was within the law."
3 minute read

National Law Journal

'Misses the Forest for the Trees': Barrett Knocks Thomas' Use of History

Judges should be "very, very careful" about using historical evidence in constitutional adjudication," Justice Amy Coney Barrett has said, adding that citations to favorable historical practices can be like "looking over a crowd and picking out your friends."
5 minute read

National Law Journal

Supreme Court Hands Starbucks Win in Case of Fired Baristas

The justices held that a lower court had applied a watered-down version of the test necessary to decide whether to grant a National Labor Relations Board request for an injunction.
4 minute read

National Law Journal

Unanimous Supreme Court Rejects Mifepristone Challenge, Cites Lack of Standing

The decision is a major victory for the Biden administration, which appealed a recent U.S. Court of Appeals for the Fifth Circuit decision that the FDA's actions easing access to mifepristone were unlawful.
3 minute read

National Law Journal

Judge Abused Discretion With Order Against Amazon After Worker's Firing, 2nd Circuit Says

"The district court never explained what in the record supported its conclusion that the cease-and-desist order was just and proper," Judge Richard Wesley wrote for the Second Circuit.
3 minute read

National Law Journal

Justices Will Revisit Medicare Reimbursement Rates for Treating Older, Low-Income Disabled Patients

The question presented is whether patients eligible for supplemental security income must currently be receiving SSI benefits for a hospital to claim a higher Medicare reimbursement from the U.S. Department of Heath and Human Services.
2 minute read

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