Supreme Court to Decide Whether EMTALA Preempts State Abortion Laws: Idaho v. U.S. and Moyle v. U.S.

January 31, 2024

Abortion is before the Supreme Court once again. This month, the Court granted certiorari in consolidated cases Moyle v. United States and Idaho v. United States.

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ADA Testers Can Keep Testing . . . For Now

December 20, 2023

On December 5, the Supreme Court issued a unanimous opinion by Justice Amy Coney Barrett in Acheson Hotels LLC v. Laufer dismissing the case as moot. Acheson concerned whether Article III of the Constitution provides “tester” plaintiffs standing to sue for alleged Americans with Disabilities Act violations, even when such plaintiffs have no intention of patronizing the business they are suing.

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Obscuring the SEC’s climate disclosure rule may invite a host of legal problems

December 11, 2023

The U.S. Securities and Exchange Commission’s (SEC) pending climate disclosure rule has been delayed yet again. The climate disclosure rule will require publicly traded companies to quantify and disclose how climate change risk factors impact their operations and financial health.

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HHS Proposes Facilitating Abortions and Medical “Gender Transitions” for Unaccompanied Children

November 28, 2023

On October 4, 2023, the U.S. Department of Health and Human Services’ Administration for Children and Families (ACF) proposed new regulations “relating to the key aspects of the placement, care, and services provided to unaccompanied children” by the Office of Refuge Resettlement (ORR). The proposed rule titled, “Unaccompanied Children Program Foundational Rule,” is open for public comment until Monday, December 4, 2023.

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Testing the Testers: The Supreme Court is Set to Consider the Standing of Private Citizens Who Sue to Enforce the Americans with Disabilities Act

Karen Harned

September 27, 2023

On October 4, the Supreme Court will hear arguments in Acheson Hotels LLC v. Laufer. The case explores whether so-called “tester” plaintiffs under the Americans with Disabilities Act have standing to sue for alleged ADA violations under Article III of the Constitution, even when such plaintiffs have no intention of patronizing the business they are suing.

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New Legal Analysis: Regulatory Implications of Turning Internet Platforms Into Common Carriers

Neil Chilson

September 26, 2023

The content moderation policies of major internet platforms like Facebook and X (formerly Twitter) have faced escalating criticism in recent years. Many conservatives now argue that because these platforms exhibit political bias and routinely censor right-leaning political views and news stories, some sort of government regulation is required. Standing in the way, however, is the First Amendment.

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Is It Lawful to Use Regulatory Impact Analysis to Achieve Equity?

J. Kennerly Davis, Jr.

September 18, 2023

Circular A-4, issued by the Office of Management and Budget (OMB), provides detailed guidance to federal agencies regarding the methodological attributes of sound regulatory impact analysis. The Biden administration has proposed modifications to Circular A-4 that were recently peer reviewed in preparation for the finalization and public release of a modified Circular A-4, perhaps by the end of this calendar year.

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EEOC Proposes Expansive Pregnant Workers Fairness Act Regulations

Rachel Morrison

September 14, 2023

On August 7, 2023, the Equal Employment Opportunity Commission (EEOC) issued proposed regulations implementing the Pregnant Workers Fairness Act (PWFA). The Commission is accepting public comment on its proposal until Tuesday, October 10.

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The Origins of the 2011 Dear Colleague Letter on Campus Sexual Assault

KC Johnson

September 6, 2023

Six years ago, I filed a FOIA request for various documents relating to the origin of the Dear Colleague letter, the 2011 Obama administration guidance on Title IX that sought to crack down on campus sexual assault by requiring universities to adjust their procedures to make it more likely that accused students would be found responsible.

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