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☆ Supreme Court saves consumer protection agency after a challenge from conservatives and the payday lending industry
▼ + stars: | 2024-05-16 | by ( John Fritze | Joan Biskupic | ) edition.cnn.com time to read: +3 min

Congress created the bureau in 2010 to protect consumers from financial scams. The payday lending groups sued over a 2017 bureau rule that prohibited attempts to withdraw payments from accounts after two consecutive tries failed due to insufficient funds. Because of that, the conservative appeals court tossed the payday lending rule. The Biden administration appealed to the Supreme Court in 2022. CNN Supreme Court analyst Steve Vladeck said the ruling is another instance of the high court not endorsing controversial opinions from the 5th Circuit.

Persons: Clarence Thomas, Biden, Massachusetts Democratic Sen, Elizabeth Warren, ” Thomas, Steve Vladeck, “, would’ve, ”, Vladeck, Samuel Alito, ” Alito, Neil Gorsuch, Stuart, Trump Organizations: CNN, Massachusetts Democratic, Federal Reserve, Circuit, University of Texas School of Law Locations: New Orleans

The Consumer Financial Protection Bureau headquarters in Washington, D.C., on May 14, 2021. The Supreme Court ruled Thursday that the funding structure of the Consumer Financial Protection Bureau is legal. The court in a 7-2 decision rejected an argument that the CFPB's funding method violated the U.S. Constitution's Appropriations Clause because Congress had not annually authorized money for the agency. Instead, Congress authorized the CFPB to draw funding from the Federal Reserve system that the agency's director deems necessary for its work. The majority's ruling reversed a decision by the 5th Circuit U.S. Court of Appeals, which found the CFPB's funding mechanism was unconstitutional.

Persons: Clarence Thomas, Thomas, John Roberts, Brett Kavanaugh, Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Samuel Alito, Neil Gorsuch, Thursday's, Alito groused Organizations: Consumer Financial, Washington , D.C, Federal Reserve, Federal, System, 5th Circuit U.S, of Appeals, Community Financial Services Association of America, Consumer Service Alliance of Texas Locations: Washington ,

☆ A Trump judge and Biden’s Justice Department agree that a Texas map is illegal. But that doesn’t mean it will change
▼ + stars: | 2024-05-14 | by ( Tierney Sneed | ) edition.cnn.com time to read: +10 min

CNN —A county redistricting plan in Texas that a Donald Trump-appointed judge deemed “a clear violation” of the Voting Rights Act is back before a notoriously conservative appeals court. After the 2021 Census, the Republican-led county commission broke up that district, locking in four majority-white districts instead. Their opponents argue that Congress did not intend for multiple “classes” of minorities to be considered together when assessing a map’s Voting Rights Act compliance. Black and Latino voices ‘extinguished,’ judge saysThe 2021 map split up the long-established Precinct 3, spreading those minority voters across the four total commission precincts. “It would be devastating for minority voters as devastating as it was for Galveston’s Black and Latino voters.”

Persons: Donald Trump, Biden, Jeffrey Vincent Brown, –, ”, Valencia Richardson, Christian Adams, ‘, ” Brown, Brown, Mark Henry –, Henry, Robin Armstrong, Armstrong, Adams, Circuit “, Elena Kagan, …, ” Chad Ennis –, ” Ennis, Hilary Harris Klein Organizations: CNN, Republican, 5th, Campaign, “, Senate, Justice Department, Galveston Republicans, Interest Legal Foundation, Circuit, Southern Coalition for Social Justice Locations: Texas, Galveston’s County, Galveston County, White, Galveston, Louisiana, Mississippi, ”

☆ Texas immigration controversy rekindles fight over Arizona’s ‘show me your papers’ law
▼ + stars: | 2024-04-03 | by ( Devan Cole | ) edition.cnn.com time to read: +8 min

CNN —The legal battle over a controversial Texas immigration law could eventually give the Supreme Court a chance to revisit a historic ruling that largely struck down Arizona’s “show me your papers” law and reaffirmed the federal government’s “broad, undoubted power” over immigration. “It would have been incredibly difficult for the 5th Circuit to let this law stand under existing Supreme Court precedent,” she said. ‘Show me your papers’ lawThe Arizona law is a high-profile example of what happens when states attempt to take immigration policy into their own hands. Jan Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act, known as SB 1070, into law in 2010. The Supreme Court upheld the “show me your papers” part of the law and struck down the three other parts.

Persons: ”, Andrew Schoenholtz, “, ” Denise Gilman, Biden, Jan Brewer, Justice Anthony Kennedy, ’, ” Kennedy, ” Gilman, Clarence Thomas, Samuel Alito, Antonin Scalia, Elena Kagan, Jessica Bulman, Scalia, ” “, Pozen, Obama, that’s, Priscilla Richman, Irma Carrillo Ramirez, Andrew Oldham –, Alito, –, Oldham, Greg Abbott Organizations: CNN, Texas ’, ., Georgetown Law, University of Texas School of Law, Circuit, Arizona Republican Gov, Enforcement, Act, National, National Government, Columbia Law School, “, Arizona Court, Oldham, Texas Republican Gov Locations: Texas, New Orleans, Arizona, . United States, El Paso County . Texas, United States, “ Arizona

☆ Justices Barrett and Kavanaugh overturned Roe v. Wade. Why they may save access to the abortion pill
▼ + stars: | 2024-03-27 | by ( Joan Biskupic | ) edition.cnn.com time to read: +9 min

CNN —Justices Brett Kavanaugh and Amy Coney Barrett often link arms on cases, particularly when it comes to abortion and reproductive rights. Barrett was more active, but her queries appeared animated by the same concern for doctors who would have religious or moral objections to abortion. Kavanaugh and Barrett were Trump’s second and third appointments to the bench, in 2018 and 2020. Barrett asks about conscience and standing. When Kavanaugh followed up with his related question, Prelogar said, “We think that federal conscience protections provide broad coverage here.

Persons: Brett Kavanaugh, Amy Coney Barrett, Donald Trump, Kavanaugh, Barrett, “, ” Kavanaugh, Elizabeth Prelogar, Biden, ” Prelogar, They’d, Roe, Wade, Matthew Kacsmaryk, Clarence Thomas, Samuel Alito, mifepristone, Prelogar, ” Barrett, ”, Elena Kagan, Justice Barrett, Ketanji Brown Jackson, “ I’m, ” Jackson, Jackson, Erin Hawley, homed, ’, Hawley, she’d, ” Hawley Organizations: CNN, Drug Administration, Jackson, Health Organization, Guttmacher Institute, Alliance for Hippocratic, FDA, Appeals, Supreme, CNN Liberal, “ Locations: Dobbs v, America, Texas

☆ Supreme Court medication abortion case threatens ‘seismic shift’ in FDA drug approval process, experts warn
▼ + stars: | 2024-03-26 | by ( Meg Tirrell | Tierney Sneed | ) edition.cnn.com time to read: +7 min

If the Supreme Court agrees with the appeals court, the approval of mifepristone could be reset to where it stood before 2016, limiting telehealth access to medication abortion and reimplementing other restrictions. “Nevertheless, drug developers invest in new medicines because, if their investments succeed, FDA’s rigorous drug approvals and subsequent regulatory actions are sturdy enough to facilitate reliable returns. “And without necessary investment, drug development would freeze, stifling innovation and limiting treatment options for patients.”Of course, if the Supreme Court upholds the appeals court decision, the most immediate impact would be to mifepristone itself. “It is both my hope and my ‘bet’ that the court doesn’t uphold the 5th Circuit on the standing argument,” Cohen wrote. “But I have learned the Supreme Court is hard to predict much of the time.”

Persons: thalidomide, mifepristone that’s, ”, Daniel Grossman, ” Grossman, ” PhRMA, Glenn Cohen, Dr, Sanjay Gupta, Cohen, ” Cohen Organizations: CNN, Food and Drug, Federal Food, FDA, US, University of California San, Reproductive, Guttmacher Institute, Circuit, Appeals, Pharmaceutical Research, Manufacturers of America, Harvard Law School, CNN Health Locations: Massengill, University of California San Francisco, Texas

☆ Supreme Court blocks Texas from enforcing controversial immigration law for now
▼ + stars: | 2024-03-18 | by ( Devan Cole | John Fritze | ) edition.cnn.com time to read: +2 min

CNN —The Supreme Court on Monday indefinitely blocked Texas from enforcing an immigration law that would allow state officials to arrest and detain people they suspect of entering the country illegally. The order came from Justice Samuel Alito because he oversees matters arising from the appeals court that is currently weighing the case. Senate Bill 4, signed into law by Texas Republican Gov. And Texas may be deeply concerned about recent immigration,” attorneys for a pair of immigration groups and El Paso County wrote in court papers. But the 5th US Circuit Court of Appeals granted a temporary stay of the lower court’s decision and said the law would take effect on March 10 if the Supreme Court didn’t act.

Persons: Biden, Samuel Alito, Bill, Greg Abbott, “, ”, Alito, Ken Paxton Organizations: CNN, Texas Republican Gov, Texas, Republican, Circuit Locations: Texas, United States, El Paso County, California, Pennsylvania, Michigan, Arizona, Austin , Texas

☆ Searches for VPNs spike in Texas after Pornhub pulls out of the state
▼ + stars: | 2024-03-15 | by ( Brian Fung | ) edition.cnn.com time to read: +5 min

“The apparent spike in VPN searches in Texas shows that these types of age verification laws aren’t just unconstitutional, they’re also silly and ineffective,” Greer said. “Similar search spikes have been reported after other states passed age verification laws, which EFF opposes,” said Hudson Hongo, a spokesperson for the group. It also highlights the running debate in statehouses nationwide about how and whether governments can require websites to perform age verification. It requires adult websites to implement “reasonable age verification” methods to ensure that pornography is not being distributed to minors. The 5th Circuit court’s latest decision formally lifts the injunction against the Texas law.

Persons: Pornhub, “, VPNs, ”, Evan Greer, they’re, ” Greer, Hudson Hongo, ” Pornhub, David Alan Ezra, Ezra, Ken Paxton Organizations: CNN, Texas, Pornhub’s, Google, Texans, Frontier Foundation, EFF, Court, Western, Western District of, Circuit, “ Locations: Texas, China, Russia, Turkey, Montana , Utah, Virginia, statehouses, Western District, Western District of Texas

☆ Supreme Court denies request by student group to host drag show at West Texas A&M University
▼ + stars: | 2024-03-15 | by ( John Fritze | Devan Cole | ) edition.cnn.com time to read: +2 min

CNN —The Supreme Court on Friday denied a request by a Texas college student group to host a drag show on campus, siding with the school’s decision to prohibit the performance. Spectrum WT and two student leaders of the LGBTQ group filed an emergency petition with the high court asking that it be allowed to put on the show at West Texas A&M University. The brief order by the Supreme Court on Friday doesn’t resolve the issue but means the group will not be able to put on the performance while the litigation continues. The conservative 5th US Circuit Court of Appeals will hear arguments in the case the week of April 29. “The show,” Morris said, “is not over.”A spokesman for West Texas A&M University declined to comment on the pending litigation.

Persons: Walter Wendler, Wendler, Matthew Kacsmaryk, Kacsmaryk, Donald Trump, ” Kacsmaryk, JT Morris, ” Morris, “, ” Organizations: CNN, WT, West Texas, M University, US, Supreme, Foundation, Rights, Circuit Locations: Texas

☆ Supreme Court hears challenge to Trump-era ban on bump stocks in a major gun control case
▼ + stars: | 2024-02-28 | by ( John Fritze | ) edition.cnn.com time to read: +6 min

CNN —For Michael Cargill, the thorny dispute over bump stocks is only partly about the controversial devices themselves. Responding to grisly crimes in which machine guns were used to rob banks or ambush police, lawmakers stepped in and initially required owners to register the weapons. The agency estimated that as many as 520,000 bump stocks were sold between 2010 and 2018. Bump stocks replace a semi-automatic rifle’s regular stock, the part of a gun that rests against the shoulder. “We’ll never forget the sound of the machine gun firing into the crowd that night,” Marano said.

Persons: Michael Cargill, It’s, “, ”, Donald Trump, Al Capone, John Dillinger, LaPierre, Trump, Billy Clark, Marisa Marano, “ We’ll, ” Marano, Mark Chenoweth, Chenoweth, Cargill, pare, Spencer Platt, Biden, ” Cargill Organizations: CNN, Cargill, Vegas, Trump, Biden, Alcohol, Tobacco, Firearms, Explosives, Trump –, ATF, Giffords Law Center, “, New Civil Liberties Alliance, Securities and Exchange Commission, National Rifle Association, Court, US, Justice Department, Safety Locations: Texas, Las Vegas, ATF’s, Harrisburg , Pennsylvania

☆ US Supreme Court prepares to hear landmark social media cases
▼ + stars: | 2024-02-25 | by ( Brian Fung | ) edition.cnn.com time to read: +8 min

Monday’s Supreme Court showdown in NetChoice v. Paxton and Moody v. NetChoice will determine whether states can forbid social media companies from blocking or removing user content that goes against platform rules. The Florida and Texas laws are broadly written, but officials from both states say the laws will keep social media sites from unfairly silencing conservatives. Social media platforms have insisted for years that they don’t discriminate against right-wing speech. It also allows individual social media users to sue platforms if they believe they have been unfairly censored or “deplatformed.”Florida Gov. The NetChoice cases reflect a deep divide in how many people see social media.

Persons: Paxton, Moody, Ron DeSantis, Florida’s, Carl Juste, Greg Abbott, Donald Trump, Biden, David Paul Morris, “, ”, ” David Greene Organizations: Washington CNN, Facebook, YouTube, Social, Gov, Florida Gov, Miami Herald, Texas ’, Circuit, Republican, Texas, Bloomberg, Getty, Frontier Foundation, EFF, CNN, Freedom, Press Locations: Texas, Florida, . Texas, NetChoice, Miami, Walnut Creek , California

☆ Appeals court will rehear challenge to Nasdaq board diversity rule, putting mandate at risk
▼ + stars: | 2024-02-20 | by ( Dan Mangan | ) www.cnbc.com time to read: +2 min

A federal appeals court agreed to rehear a challenge by two conservative groups to Nasdaq's board diversity rule related to the disclosure of women and minority membership on boards of companies listed on the stock exchange. The 5th Circuit U.S. Court of Appeals, in its order Monday night setting a rehearing, also vacated a decision in October upholding the Nasdaq rule by a three-judge panel from the appeals court, which encompasses Texas, Louisiana, and Mississippi. The Nasdaq rule requires companies to disclose details about the diversity of their boards of directors, and to either have a minimum number of women and minorities on their boards or explain why they do not. "NASDAQ's rule promotes racial discrimination and polarizing personal disclosures and it is to be hoped that this rule is struck down," Blum said. The SEC and Nasdaq did not immediately respond to requests for comment on the rehearing order.

Persons: Edward Blum, " Blum, Margaret Little Organizations: Times, NASDAQ, 5th Circuit U.S, of Appeals, Nasdaq, Securities, Exchange, Alliance for Fair, National Center for Public Policy Research, Fifth Circuit, SEC Locations: New York City, Texas, Louisiana, Mississippi

☆ What Texas is (and is not) doing to defy a Supreme Court border setback
▼ + stars: | 2024-01-27 | by ( Zachary B. Wolf | ) edition.cnn.com time to read: +13 min

I went to CNN’s Supreme Court analyst Stephen Vladeck, a law professor at the University of Texas at Austin, with those questions. Abbott is not ignoring the Supreme CourtWOLF: How does Abbott justify essentially ignoring the Supreme Court? VLADECK: It’s really important to stress that two different things are true: First, Abbott is not “essentially ignoring” the Supreme Court. Is the Supreme Court likely to agree with him? WOLF: I am reminded of last year when Alabama legislators initially did not comply with a Supreme Court decision requiring a second majority-Black congressional district.

Persons: Greg Abbott, Biden, ” Abbott, Abbott, Stephen Vladeck, WOLF, can’t, –, “, ”, Robert Jackson, Milligan, Brett, Kavanaugh, Monday’s, we’ve, Trump’s, Trump Organizations: CNN — Texas Gov, US, Patrol, Supreme, Circuit, Fox News, University of Texas, Republican, Government, Democratic, . Locations: Texas, Mexico, Austin, Eagle, “, ”, Alabama, Allen, Arizona, . United States

And it certainly wouldn’t be the first time states have lent a hand to Abbott to help border security efforts. Kevin Stitt also sent National Guard troops to the border last year – about 50 of them each – to, at least symbolically, bolster Abbott’s efforts. “[Abbott] is exactly right to invoke Texas’ constitutional authority to defend itself,” she said in a statement. “It's unfortunate that there is a governor in Texas, Governor Abbott, who has politicized this issue of what's happening on the border. “Governor Greg Abbott is using the Texas National Guard to obstruct and create chaos at the border,” Rep. Joaquin Castro, Texas Democrat, said in a statement.

Persons: Gregg Abbott, Biden, Abbott, ” Abbott, ”, “, Bertrall Ross, James Madison, Trump, –, ” Trump, Ron DeSantis, ” DeSantis, Kristi Noem, Kevin Stitt, Mike Johnson, Alejandro Mayorkas, Karine Jean, Pierre, Governor Abbott, ” Jean, we’ve, he's, – Jean, Greg Abbott, Joaquin Castro, Abott Organizations: Texas Gov, White, University of Virginia, Karsh Center for Law and Democracy, U.S ., Appeals, Circuit, Border Patrol, Texas National Guard, National Guard, Florida Gov, U.S, South Dakota Gov, Oklahoma Gov, Biden Administration, Republican, Homeland, Mayorkas, White House, CNN, Republicans, Democrats, ”, Texas Democrat Locations: U.S, Mexico, Texas, United States, “ Texas, Florida, Alabama , Arkansas, Georgia , Idaho , Iowa, Louisiana , Montana , Nebraska, North Dakota , Oklahoma, South Carolina , Tennessee , Utah, West Virginia, Wyoming, ”

The outcome of the case will likely determine whether tens of thousands of people win back the right to vote. Circuit Court of Appeals ruled that the ban violates the Constitution's prohibition against “cruel and unusual” punishment. But the full 17-member circuit court vacated that ruling weeks later and scheduled Tuesday's hearing. In a dissent to the August ruling, Jones cited a previous Supreme Court ruling regarding felons' disenfranchisement, saying it is up to legislatures to decide such matters. King and Dennis will also take part because they were members of the original ruling panel.

Persons: James Dennis, Carolyn Dineen King, — King, Jimmy Carter, Dennis, Bill Clinton, Edith Jones, Ronald Reagan, Jones, King Organizations: ORLEANS, —, Circuit, Appeals, Senior, Democratic Locations: Mississippi, New Orleans, “ Mississippi, ”

☆ US Court Will Reconsider Forcing Texas to Remove Rio Grande Migrant Barrier
▼ + stars: | 2024-01-17 | by ( Jan. | At P.M. | ) www.usnews.com time to read: +2 min

By Daniel Wiessner(Reuters) - A U.S. appeals court on Wednesday said it would reconsider a recent decision requiring Texas to remove a 1,000-foot-long (305-meter) floating barrier it had placed in the Rio Grande river to deter migrants from illegally crossing the border with Mexico. That ruling was a setback for Texas Governor Greg Abbott, a Republican, who has strongly criticized Democratic President Joe Biden's handling of record numbers of migrants crossing the border illegally. Abbott's office, the office of Republican Texas Attorney General Ken Paxton, and the U.S. Department of Justice did not immediately respond to requests for comment. The floating barrier is part of Abbott's broader effort to deter and punish illegal border crossings, collectively known as Operation Lone Star. All of those initiatives have spawned court battles between Texas and the Biden administration and civil rights groups.

Persons: Daniel Wiessner, panel's, Biden, Greg Abbott, Joe Biden's, Ken Paxton, Alexia Garamfalvi, Bill Berkrot Organizations: U.S, Circuit, Texas, Republican, Democratic, Republican Texas, U.S . Department of Justice, Lone Star, Democrat Locations: Texas, Rio, Mexico, New Orleans, Lone Star . Texas, Albany , New York

Jones mandated Black majorities in one additional congressional district, two additional state Senate districts and five additional state House districts. Political Cartoons View All 1277 Images“A minority opportunity district must be a district where a single racial group is a majority," Echols said Monday. “District 7 was a minority opportunity district in our view. Besides congressional districts, minority coalitions could also be an issue in Georgia’s new state legislative maps, which are moving toward final passage. “And it’s all over this map from District 10 to congressional District 7.

Persons: Rep Lucy McBath, Steve Jones, Jones, Shelly Echols, Echols, ”, Ken Lawler, McBath, Carolyn Bordeaux, Sen, Tonya Anderson Organizations: ATLANTA, Georgia Republicans, U.S, Supreme, Democratic U.S, Rep, District, Gainesville Republican, Circuit, Appeals, Democratic, Republicans, Democrat Locations: Georgia, Atlanta, Georgia's, ”, Gainesville, U.S, Florida, Alabama, Hardee County , Florida, Gwinnett County, Fulton County, Cobb, Douglas, Fulton, Fayette counties, “, Texas, Louisiana, Mississippi, Galveston County , Texas, Michigan, Atlanta’s, Five

Asylum-seeking migrants walk in the Rio Grande river between the floating fence and the river bank as they look for an opening on a concertina wire fence to land on the U.S. soil in Eagle Pass, Texas, U.S. July 24, 2023. REUTERS/Go Nakamura/File Photo Acquire Licensing RightsDec 1 (Reuters) - Texas must remove a 1,000-foot-long (305-meter) floating barrier it placed in the Rio Grande river to deter migrants from illegally crossing the border with Mexico, a U.S. appeals court ruled on Friday in a victory for President Joe Biden's administration. Circuit Court of Appeals in a 2-1 decision declined a request by the Republican-governed state to reverse a federal judge's decision ordering it to move the string of buoys placed in the Rio Grande in July near Eagle Pass, Texas. Judge Don Willett, a Trump appointee, disagreed with his colleagues in the ruling that the portion of the Rio Grande where the buoys were placed was navigable. On Thursday, a federal judge rejected a bid by Texas to block federal immigration authorities from destroying the wire fencing.

Persons: Go Nakamura, Joe Biden's, David Ezra, Greg Abbott, Abbott, Biden, Don Willett, Willett, Donald Trump, Daniel Wiessner, Will Dunham, Alexia Garamfalvi Organizations: REUTERS, Circuit, Appeals, Republican, 5th Circuit, U.S . Army Corps of Engineers, Texas, Democrat, Trump, U.S . Justice, Thomson Locations: Rio Grande, Eagle Pass , Texas, U.S, Texas, Rio, Mexico, New Orleans, Eagle, , Texas, San Antonio, Albany , New York

☆ How 3 big Supreme Court cases could derail the government
▼ + stars: | 2023-11-29 | by ( Ayelet Sheffey | ) www.businessinsider.com time to read: +7 min

On Wednesday, the Supreme Court is hearing a case challenging the authority of federal agencies. AdvertisementThree major Supreme Court cases could upend the way the government works — and put Americans' federal benefits and consumer protections at risk. These are the other big cases to follow on the Supreme Court's docket. AdvertisementChanging how the federal government is allowed to make regulationsAnother Supreme Court challenge has big implications for the way all federal agencies function. AdvertisementThe Supreme Court will likely issue final decisions on these cases by June.

Persons: —, George Jarkesy, Jarkesy, Sheila Bair, Loper, Raimondo Organizations: Service, SEC, Securities and Exchange Commission, Center, American Progress, Social Security, Social Security Administration, Financial, Community Financial Services Association of America Ltd, Federal, Fifth Circuit, Federal Deposit Insurance, Loper Bright Enterprises, National Marine Fisheries Locations: Chevron

The nine justices are due to hear arguments in an appeal by President Joe Biden's administration of a lower court's decision restricting the SEC's in-house tribunal system. Circuit Court of Appeals in 2022 ruled that the SEC's in-house proceedings violate the U.S. Constitution's Seventh Amendment right to a jury trial and infringe on presidential and congressional powers. The SEC, which enforces various U.S. laws that protect investors, pursued 270 new in-house proceedings in the fiscal year that ended on Sept. 30, compared to 231 in federal court. The court in 2018 faulted the way the SEC selected its in-house judges, and in April made it easier for targets of agency actions to mount challenges in federal court. The Supreme Court is expected to rule by the end of June.

Persons: Andrew Kelly, Joe Biden's, George Jarkesy, Jarkesy, Andrew Chung, John Kruzel, Will Dunham Organizations: U.S . Securities, Exchange Commission, Washington , D.C, REUTERS, Rights, U.S, Supreme, Securities, Exchange, Circuit, SEC, Patriot28, U.S . Consumer, Thomson Locations: Washington ,, New Orleans, Constitution's, Houston, disgorge, New York, Washington

WASHINGTON (AP) — The Supreme Court is hearing arguments in a challenge to the Securities and Exchange Commission's ability to fight fraud, part of a broad attack on regulatory agencies led by conservative and business interests. Circuit Court of Appeals ruled in favor of Jarkesy and his Patriot28 investment adviser group on three separate issues. And it said laws shielding the commission’s administrative law judges from being fired by the president are unconstitutional. Jarkesy's lawyers noted that the SEC wins almost all the cases it brings in front of the administrative law judges but only about 60% of cases tried in federal court. A decision upholding the 5th Circuit's ruling could sweep far more broadly, calling into question the authority of administrative law judges at numerous federal agencies, the Justice Department said.

Persons: Biden, George R, Jarkesy, ”, Jennifer Walker Elrod, Andrew Oldham, Elrod, George W, Bush, Donald Trump, Eugene Davis, Ronald Reagan Organizations: WASHINGTON, Securities, Exchange, SEC, Circuit, Oldham, Justice Department Locations: New Orleans

☆ SEC's in-house enforcement powers at risk in US Supreme Court case
▼ + stars: | 2023-11-28 | by ( Andrew Chung | ) www.reuters.com time to read: +6 min

The case involves hedge fund manager George Jarkesy, who the SEC fined and barred from the industry after determining he had committed securities fraud. Critics of the agency have argued that its in-house system gives it the unfair advantage of prosecuting cases before its own judges rather than before a jury in federal court. The case could make it harder for the SEC weed out bad actors in the securities industry, legal experts said. The court in 2018 faulted the way the SEC selected its in-house judges, and in April made it easier for targets of agency actions to mount challenges in federal court. The FINRA case - a constitutional challenge to its structure brought by Utah-based Alpine Securities Corp - is currently before another federal appellate court and eventually could come to the Supreme Court.

Persons: Andrew Kelly, Joe Biden's, George Jarkesy, Jarkesy, infringes, Benjamin Edwards, Edwards, FINRA, James Park, Andrew Chung, Will Dunham Organizations: U.S . Securities, Exchange Commission, SEC, Washington , D.C, REUTERS, Exchange, Circuit, 5th Circuit, Financial Industry Regulatory Authority, University of Nevada, Consumer, U.S, Constitution, Patriot28, Securities, Jarkesy, Alpine Securities Corp, Supreme, UCLA School of Law, Thomson Locations: Washington ,, New Orleans, Constitution's, Las Vegas, Houston, disgorge, Utah

Circuit Court of Appeals threw out a 3-2 decision issued last year by the National Labor Relations Board, which had said Tesla couldn’t prohibit union attire. The court opinion noted that Tesla allowed workers to affix “any number or size” of pro-union stickers to company-issued clothing. “We may have concluded differently had Tesla prohibited union insignia," read the opinion issued Tuesday by a unanimous panel of three 5th Circuit judges. The opinion comes as the 5th Circuit prepares for arguments in another union-related matter involving Tesla, NLRB and the assembly plant in Fremont, California. But that order was vacated after the full 5th Circuit, currently with 16 full-time judges, voted to hear the matter.

Persons: Tesla, didn't, ”, Jerry Smith, Elon Musk, Musk, Smith, Ronald Reagan, Leslie Southwick, George W ., Stephen Higginson, Barack Obama Organizations: ORLEANS, United Auto Workers, U.S, Circuit, National Labor Relations Board, Associated Press, UAW, NLRB, Twitter Locations: California, Fremont , California

NEW ORLEANS (AP) — A Louisiana lawyer who objected to the state bar association’s public statements on several issues including health tips and LGBTQ rights can no longer be forced to join or pay dues to the association, a federal appeals court has ruled. Circuit Court of Appeals order, dated Monday, blocks the Louisiana State Bar Association from forcing attorney Randy Boudreaux to join the LSBA or pay its dues, at least for now. Boudreaux's is one of more than two dozen cases playing out around the country challenging state requirements that attorneys join and pay dues to state bar associations. Organizations including the Goldwater Institute and, in Louisiana, the Pelican Institute, are challenging mandatory bar association membership as violations of free speech rights. The association's promotion of an article on the effects of student loan debt on young lawyers was not germane, the court found.

Persons: Randy Boudreaux, Boudreaux's, Monday's, LSBA, Jerry Smith, Boudreaux, ”, Smith, ” Smith, “, Dane Ciolino, Ronald Reagan, Carolyn Dineen King, Jimmy Carter, Jennifer Walker Elrod, George W, Bush Organizations: ORLEANS, —, U.S, Circuit, Louisiana State Bar Association, Goldwater Institute, Pelican Institute, Twitter, LGBT Locations: Louisiana, Texas

Companies Tesla Inc FollowNov 15 (Reuters) - Tesla Inc (TSLA.O) did not violate U.S. labor law by prohibiting workers at its flagship Fremont, California, assembly plant from wearing pro-union t-shirts, a federal appeals court has ruled. The electric vehicle maker adopted its uniform policy in 2017 amid an organizing campaign by the United Auto Workers union (UAW). President Joe Biden said last week that he supported the union's efforts to organize workers at Tesla and Toyota. Tesla's "team wear" policy required employees to wear black shirts imprinted with the Tesla logo. A three-judge 5th Circuit panel in March had affirmed the labor board's decision.

Persons: Tesla, Joe Biden, Elon Musk, tweeting, Daniel Wiessner, Nick Zieminski Organizations: Tesla, Tesla Inc, Circuit, Appeals, National Labor Relations Board, NLRB, United Auto Workers union, UAW, U.S, Detroit Three, Toyota, Thomson Locations: Fremont , California, New Orleans, Albany , New York

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