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Another lawsuit was filed in federal court in the Northern District of Texas by business tax services firm Ryan. “The FTC contends that by using regulation they can simply declare common business practices to be ‘unfair methods of competition’ and thus illegal. “If the FTC can regulate noncompete agreements, then they can decide to regulate or even ban any other business practice. Long delays may be on tap before the rule takes effectThe FTC rule isn’t set to go into effect until 120 days from the day it is published in the Federal Register. In the near term, “I’m generally telling clients to take a wait-and-see approach with respect to the FTC rule while court challenges play out in the next few weeks,” Turinsky said.
Persons: Ryan, , Daniel Turinsky, DLA Piper, Lina Khan, Jake Tapper ”, isn’t, , ” Turinsky, James Witz, ” Witz Organizations: New, New York CNN, Federal Trade Commission, US Chamber of Commerce, Business, Eastern District of Texas, Northern District of, US Chamber, FTC, Chamber, Longview Chamber, Commerce, Federal Locations: New York, United States, Eastern District, Northern District, Northern District of Texas, Longview, Longview , Texas, Texas, Littler
He is the author of the “One First” Supreme Court newsletter. Both cases were filed in federal district courts in which the plaintiffs could literally hand-pick the specific federal judge who would be assigned to hear the dispute. Indeed, the Supreme Court granted emergency relief in both the social media and mifepristone cases. But the Supreme Court is another matter. For once, the Supreme Court is the victim of right-wing litigation behavior, not the culprit.
Persons: Steve Vladeck, Stephen I, Biden, they’ve, Terry Doughty, Donald Trump, Matthew Kacsmaryk, Trump, , Neil Gorsuch, Gorsuch Organizations: CNN, University of Texas School of Law, Monroe Division, Court, Western, Western District of, Amarillo Division, Northern, Northern District of, Appeals, Fifth, Fifth Circuit, Democratic, Ninth Circuit, Consumer Financial Protection Bureau, Securities, Exchange, Conference, United, Northern District of Texas, Judicial, Federal, FDA Locations: Murthy v . Missouri, Monroe, Western District, Western District of Louisiana, Amarillo, Northern District, Northern District of Texas, Orleans, Texas, Austin, West Coast, United States
Judge-shopping is the practice of strategically filing cases in courthouses where the lawsuits are almost guaranteed to be heard by judges perceived to be sympathetic to the litigants. Texas has other US district courts with single-judge divisions, in addition to Amarillo, where challenges to the Biden administration agenda are frequently funneled through. The Judicial Conference announced after an early March meeting that it was seeking to curb the practice of judge-shopping with the new case assignment policy. The announcement prompted blowback from Republican senators, including Senate Minority Leader Mitch McConnell, who argued that any mandated policy would run afoul of a statute passed by Congress that gives each district court the discretion to design its case assignment protocols. When the Judicial Conference released the formal guidance days later, it indicated that the districtwide assignment policy was recommended, but optional.
Persons: David Godbey, Chuck Schumer, Matthew Kacsmaryk, Donald Trump, Joe Biden’s, Kacsmaryk, Biden, George W, Bush, Schumer, Godbey, , , ” Schumer, Mitch McConnell Organizations: CNN, US, Court, Northern, Northern District of, New, New York Democrat, Amarillo Division, Judicial Conference, Law360, Judicial, Congress Locations: Texas, Northern District, Northern District of Texas, New York, Northern Texas, Amarillo,
If the Supreme Court sides with the plaintiffs and decides to roll back or invalidate Food and Drug Administration regulations on mifepristone, it would be the first time the court undercut the federal agency’s authority. The abortion pill case before the Supreme Court could have implications far beyond abortion, potentially undermining the regulatory system for all medicines in the United States. If the Supreme Court sides with the plaintiffs and decides to roll back or invalidate F.D.A. They would have to pick up mifepristone in person from a doctor and would have to visit the doctor three times during the medication abortion process. and not to abortion providers, some medication abortion services have been stockpiling mifepristone and may continue prescribing and mailing their supply.
Persons: , Matthew J, mifepristone Organizations: Drug, Food and Drug Administration, Northern, Northern District of, Trump, U.S ., Appeals, Fifth Circuit Locations: United States, Northern District, Northern District of Texas
CNN —A majority of Supreme Court justices appeared skeptical Tuesday of the idea of a nationwide ban or new limits on mifepristone, the primary drug used for medication abortions. At issue in the case are lower-court rulings that would have rolled back recent Food and Drug Administration decisions to ease access to the mifepristone. “What the court did … is enter sweeping nationwide relief that restricts access to mifepristone for every single woman in this country. Some anti-abortion activists see the law as an avenue to end medication abortion, and perhaps all kinds of abortions. Danco’s attorney said that this case was not an appropriate venue for the court to weigh the reach of the Comstock Act.
Persons: Roe, Wade, John Roberts, Neil Gorsuch, ” Roberts, Erin Hawley, interjected, Franklin Delano Roosevelt’s, , ” Gorsuch, Biden, , Elizabeth Prelogar, Brett Kavanaugh, ” Kavanaugh, Prelogar, Ketanji Brown Jackson, , Jackson, ” Jackson, Amy Coney Barrett, Barrett, Alito, Thomas, Samuel Alito, Clarence Thomas, ” Alito, Mifepristone, Comstock, mifepristone, Matthew Kacsmaryk –, Trump, , Kacsmaryk Organizations: CNN, Drug Administration, Conservative, FDA, Justice Department, Amarillo Division, Court, Northern, Northern District of, US, US Judicial Locations: mifepristone, FDA’s, Amarillo, Northern District, Northern District of Texas
CNN —The policy-making body of the federal judiciary is clamping down on the system that conservatives have successfully used in recent years to hamstring President Joe Biden’s agenda and other federal policies, including those concerning reproductive rights. The new policy seeks to curb “judge-shopping,” the strategy where litigants strategically file lawsuits in courthouses where the cases will be guaranteed to be heard by judges perceived to be sympathetic to their arguments. While the strategy has long been used in patent cases, there been a concerted uptick for politically charged, wide-reaching cases that have been filed in Texas by Republican state attorneys general or conservative, private-sector parties. Under the new policy, such cases seeking nationwide or state-wide orders will go into the lottery system used by the entire district. “The current issue relates to nationwide injunctions or statewide injunctions,” Sutton said at a news conference Tuesday.
Persons: Joe Biden’s, mifepristone, Matthew Kacsmaryk –, Donald Trump, , , Steve Vladeck, Jeffrey Sutton, ” Sutton, it’s Organizations: CNN, Republican, Food, Judicial, United States, Amarillo Division, Court, Northern, Northern District of, University of Texas School of Law Locations: Texas, Amarillo, Northern District, Northern District of Texas
NEW YORK (AP) — A federal judge in Texas has ordered a 55-year-old U.S. agency that caters to minority-owned businesses to serve people regardless of race, siding with white business owners who claimed the program discriminated against them. The agency, which helps minority-owned businesses obtain financing and government contracts, now operates in 33 states and Puerto Rico. Justice Department lawyers representing Minority Business Development Agency declined to comment on the ruling, which can be appealed to the conservative-leaning 5th U.S. John F. Robinson, president of the National Minority Business Council, said the ruling is “a blow against minority owned businesses," and does nothing to help majority-owned businesses because they already enjoy access to federal resources through the Small Business Administration. "It has the potential of damaging the whole minority business sector because there will be less service available to minority-owned businesses,” Robinson said.
Persons: Mark T, Pittman, Donald Trump, Nixon, Biden, ” Pittman, Dan Lennington, ” Lennington, John F, Robinson, ” Robinson, Arian Simone, Alphonso David, David, Stanley Goldfarb, , , , David Glasgow, Graham Lee Brewer, Haleluya Hadero Organizations: , U.S, Northern, Northern District of, U.S . Commerce Department, Infrastructure Investment, Jobs, Black, Wisconsin Institute for Law & Liberty, Justice Department, Business, Agency, Circuit, National Minority Business Council, Small Business Administration, Economic, Pfizer, The, Appeals, American Alliance for Equal Rights, Meltzer Center for Diversity, New York University’s School of Law, Supreme, AP Locations: Texas, Northern District, Northern District of Texas, Puerto Rico, New Orleans, Tennessee, Atlanta, The New York, Florida, New
Washington CNN —A federal judge in Texas said Tuesday that a US Commerce Department agency intended to help minority-owned businesses must offer assistance to all individuals, regardless of race, agreeing with White business owners who claimed that its policies were unconstitutional. Because they aren’t on the Agency’s magic list, the Agency presumes they aren’t disadvantaged,” Pittman wrote. Time’s up.”The MBDA is one of the only federal agencies focused exclusively on developing and advocating for minority-owned businesses. In recent years, conservatives have increasingly turned to federal courts in Texas to challenge certain federal programs and actions. “To the extent the MBDA offers services pursuant to an unconstitutional presumption, that’s fifty-five years too many,” Pittman said in his latest ruling.
Persons: Mark Pittman, Donald Trump, Pittman, , ” Pittman, , Nixon, , ’ ”, MBDA Organizations: Washington CNN, US Commerce Department, US, Minority Business Development Agency, Latino, Agency, US Department of Commerce, Fort, Northern, Northern District of, Biden, , Centers Locations: Texas, Asian, Fort Worth, Northern District, Northern District of Texas, SFFA
Exxon Mobil is suing two activist investors to prevent their proposal calling for emissions cuts at the oil giant from going to a vote of shareholders. In a complaint filed in U.S. District Court for the Northern District of Texas on Sunday, Exxon accused the investors, Arjuna Capital and Follow This, of abusing the process for proposing shareholder votes to advance their priorities with votes “calculated to diminish the company’s existing business.”Arjuna filed a proposal in December for a nonbinding resolution that urged Exxon to accelerate its plans to reduce its carbon emissions and expand the scope of the emissions it measures to include its suppliers and customers. Follow This joined in support of the proposal shortly thereafter, according to the complaint. The proposal “does not seek to improve ExxonMobil’s economic performance or create shareholder value,” Exxon said in the complaint, but is instead “constraining and micromanaging” the company’s operations.
Persons: Arjuna, ” Arjuna, Exxon Organizations: Exxon Mobil, Northern, Northern District of, Exxon Locations: U.S, Northern District, Northern District of Texas
ExxonMobil CEO Darren Woods speaks at the Asia-Pacific Economic Cooperation (APEC) Leaders' Week in San Francisco, California, on November 15, 2023. Exxon Mobil filed a lawsuit against U.S. and Dutch activist investors in a bid to stop them from submitting climate proposals during the oil giant's annual shareholder meeting. An Exxon Mobil win in the proceedings could have a chilling impact on future shareholder petitions. The Securities and Exchange Commission, the U.S. financial regulator, has overseen a growing number of environmental and social shareholder proposals during the past two proxy seasons. In an emailed statement, Exxon Mobil said "the breakdown of the shareholder proposal process, one that allows proponents to advance their agendas through a flood of proposals, does not serve the interests of investors."
Persons: Darren Woods Organizations: Economic Cooperation, APEC, Exxon Mobil, U.S, Northern, Northern District of, Arjuna, Securities, Exchange Commission Locations: Asia, San Francisco , California, U.S, Northern District, Northern District of Texas, Massachusetts, Amsterdam
“The complaint admits that the thing Media Matters was making a big deal about actually happened,” Vladeck said. According to Musk, Media Matters established a test account following extremist material and then refreshed the feed until X’s ad system displayed an ad for major brands. “It’s one of those lawsuits that’s filed more for symbolism than for substance.”Media Matters’ responseIn a statement Monday evening, Media Matters President Angelo Carusone vowed to defend the group against the suit. “Media Matters stands behind its reporting and looks forward to winning in court.”Some legal experts suggested that Media Matters’ first course of action may be to try to move the case out of the Texas federal court. “Musk and his lawyers seek to isolate Media Matters’ investigation as the sole reason major advertisers have joined the exodus from X.
Persons: Elon, , Ted Boutrous, Boutrous, Steve Vladeck, ” Vladeck, Mark Pittman, Donald Trump, Joe Biden’s, X, ’ ”, Joan Donovan, ” Akiva Cohen, Klein, Musk, ’ ” Cohen, ” Cohen, Ken Paxton, Andrew Bailey, , that’s, Angelo Carusone, ” Carusone, Ken White, “ X, ” White, Nora Benavidez, “ Musk, ” Benavidez, – CNN’s Oliver Darcy, Jon Passantino Organizations: CNN, Media, X, Twitter, University of Texas, Court, Northern, Northern District of, Nazi, Musk, Boston University, YouTube, Elon, Texas, , , Washington , D.C, District of, Free Press Locations: Texas, Northern District, Northern District of Texas, Kamerman, New York, Missouri, California, Washington ,, District of Columbia, Los Angeles
The lawsuit filed Monday accuses Media Matters of distorting how likely it is for ads to appear beside extremist content on X, alleging that the group’s testing methodology was not representative of how real users experience the site. “Media Matters designed both these images and its resulting media strategy to drive advertisers from the platform and destroy X Corp.”The lawsuit simultaneously names Media Matters and Eric Hananoki, its senior investigative reporter, as defendants. It calls for a judicial order forcing Media Matters to remove its analysis from its website and accuses Media Matters of interfering with X’s contracts with advertisers, of disrupting their economic relationships and of unlawfully disparaging X. In a statement Monday evening, Media Matters President Angelo Carusone vowed to defend the group against the suit. “Media Matters stands behind its reporting and looks forward to winning in court.”On Monday evening, X CEO Linda Yaccarino chimed in defending the social media site.
Persons: Elon Musk, Eric Hananoki, Angelo Carusone, ” Carusone, , Linda Yaccarino chimed, I’m, ” Yaccarino, , Ken Paxton, Musk, ” Musk, opportunistically, that’s, Steve Vladeck, Joan Donovan, ” Ken White, “ X, ” White, White, Mark Pittman, Donald Trump, Pittman, Joe Biden’s, Jon Passantino, Dan Berman Organizations: CNN, Media, “ Media, X Corp, Court, Northern, Northern District of, , Whites, Disney, Paramount, Warner Bros, Northern District of Texas, University of Texas, Boston University, YouTube, of Columbia Locations: Northern District, Northern District of Texas, Texas, Los Angeles, California
X, the social media service formerly known as Twitter, sued Media Matters in federal court on Monday after the advocacy organization published research showing that ads on X appeared next to antisemitic content. A post last week from Elon Musk that endorsed an antisemitic conspiracy theory, which he wrote a day before the Media Matters research was published, kicked off an advertiser exodus, with major brands like IBM, Apple, Warner Bros. X has rejected Media Matters’ findings, saying they were not representative of a regular user’s experience on the platform. On Friday, Mr. Musk promised a “thermonuclear lawsuit” against Media Matters and its backers. The lawsuit, filed in U.S. District Court for the Northern District of Texas, claims that Media Matters tried to damage X’s relationships with advertisers.
Persons: Elon Musk, Musk, , X Organizations: Twitter, Media, Elon, IBM, Apple, Warner Bros . Discovery, Sony, Media Matters, Northern, Northern District of, Locations: U.S, Northern District, Northern District of Texas
The Biden administration rule — which took effect Jan. 30 — was one facet of a White House effort to address climate change. Biden's ESG rule replaced a regulation issued by the Trump administration. That's because ERISA, a federal retirement law, disallows employers from picking investments for ideological reasons. The Biden administration was concerned that the spin around the Trump rule might have chilled plans' willingness to consider ESG factors. "The Biden administration was concerned that the spin around the Trump rule might have chilled plans' willingness to consider ESG factors in evaluating plan investments," Iwry said.
Persons: Joe Biden, Marty Walsh, Anna Moneymaker, , Biden, Biden's, Trump, PSCA, Andrew Oringer, Oringer, DOL, gunning, Mark Iwry, Obama, Matthew Kacsmaryk, Mark Iwry nonresident, Iwry, Mischa Keijser Organizations: Labor, White, Getty, of America, U.S . Department of Labor, Northern District of Texas, Wagner Law, Department of Labor, Biden, Trump, Brookings Institution, U.S . Department of, Treasury, Brookings, Labor Department Locations: Rose, Northern District, Texas
The insurer said the rule, which would apply retroactively, was "arbitrary and capricious," and threatened "unpredictable consequences for Medicare Advantage organizations and the millions of seniors who rely on the Medicare Advantage program for their healthcare." Close to half of the approximately 65 million Medicare enrollees sign up for Medicare Advantage. Medicare Advantage plans differ from traditional Medicare because private companies offer them, and are reimbursed by the government for care. Though Humana is based in Louisville, Kentucky, it filed its lawsuit with the U.S. District Court in the Northern District of Texas. The case is Humana Inc et al v Becerra et al, U.S. District Court, Northern District of Texas, No.
Persons: Andrew Kelly, Humana, Biden, Xavier Becerra, District Judge Reed O'Connor, Becerra, Jonathan Stempel, Leroy Leo, Richard Chang Organizations: Humana Inc, REUTERS, U.S, overcharges, Medicare, Services, Jan, U.S . Department of Health, Human Services, CMS, Northern District of Texas, District, Fort, Affordable, Court, Northern District of, Thomson Locations: Queens , New York City, U.S, Louisville , Kentucky, Northern District, Northern District of Texas, New York, Bengaluru
CNN —The Supreme Court on Tuesday agreed to freeze a lower court order that bars the government from regulating so-called ghost guns – untraceable homemade weapons – as firearms under federal law. Ghost guns are kits that a user can buy online to assemble a fully functional firearm. The rule does not prohibit the sale or possession of any ghost gun kit, nor does it block an individual from purchasing such a kit. A federal appeals court declined to put on hold two key challenged provisions of the regulation. A handful of retailers of ghost gun kits as well as a gun rights’ group also challenged the rule.
Persons: Biden, John Roberts, Amy Coney Barrett, Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Judge Reed O’Connor, Elizabeth Prelogar, ” Prelogar, ” David Thompson, O’Connor, ” O’Connor Organizations: CNN, Alcohol, Tobacco, Firearms, Explosives, United States, Court, Northern, Northern District of, Supreme, ” “, ATF, Control Locations: Northern District, Northern District of Texas, Texas
Governor Kathy Hochul holds media availability press conference and makes an announcement on abortion rights at the office on 633 3rd Avenue. Kathy Hochul on Friday signed a bill that would legally protect doctors who prescribe and send abortion pills to patients living in other states where the procedure is outlawed. Under the measure, New York abortion providers can serve more out-of-state patients without fear of litigation. Similar telehealth abortion laws have been enacted in Massachusetts, Colorado, Vermont and Washington. The bill builds upon similar legislation passed last year, which aimed to protect New York abortion care providers from litigation, but did not specifically address telehealth.
Persons: Kathy Hochul, Hochul, Wade, we're, Matthew Kacsmaryk Organizations: New York Gov, NBC, The, Food and Drug Administration, Northern District of, FDA Locations: New York, U.S, York, Massachusetts , Colorado , Vermont, Washington, Northern District, Northern District of Texas
President Joe Biden signs an executive order in support of Joining Forces, the initiative to support military and veteran families, caregivers, and survivors on June 9, 2023 at Fort Liberty, North Carolina. Biden's order also:Directs those departments to consider new ways to broaden access to affordable over-the-counter birth control medications, such as Plan B emergency contraception. Instructs the Veterans Affairs and the Office of Personnel Management to consider actions that would shore up birth control access for veterans and federal employees, among other provisions. The president's order does not suggest a timeline for shoring up that access and does not direct federal departments to consider new requirements to codify access to birth control. Approximately 65% of women ages 15 to 49 used birth control from 2017 to 2019, according to the Centers for Disease Control and Prevention.
Persons: Joe Biden, Wade, Clarence Thomas, Xavier Becerra, Matthew Kacsmaryk, Roe Organizations: Forces, Fort Liberty, White House, White, Treasury, Labor Department, Department of Health, Human Services, Food and Drug Administration, Affordable, FDA, Veterans Affairs, Management, Centers for Disease Control, CDC, Democratic, Northern District of Locations: Fort Liberty , North Carolina, U.S, Northern District, Northern District of Texas
Evelyn Hockstein | ReutersA federal appeals court will hear arguments Wednesday afternoon in a closely watched lawsuit that seeks to pull the abortion pill mifepristone from the U.S. market. The hearing at the U.S. 5th Circuit Court of Appeals in New Orleans comes 11 months after the Supreme Court ruled there was no longer a federal constitutional right to abortion. But if it refuses to hear an appeal, the 5th Circuit decision will be the final word on the drug's fate. Days later, the DOJ appealed Kacsmaryk's decision to the 5th Circuit, which handles cases arising from the Northern District of Texas. He said the Supreme Court will likely agree to take the case if the 5th Circuit panel decides to pull mifepristone from the U.S. market.
The NewsA federal appeals court on Monday temporarily blocked a lower court decision that overturned the Affordable Care Act’s requirement that all health plans fully cover certain preventive health services. The Justice Department had appealed the decision, and the appeals court’s stay will stand while the appeals process plays out. Why It Matters: Preventive health services are popular. While the case is under review, full coverage for preventive services will be legally required. For now, employers will still be required to provide no-cost coverage for preventive services.
It is the second time in a year that the Supreme Court has considered a major effort to sharply curtail access to abortion. Less than an hour later, a federal judge in Washington State, Thomas O. The competing rulings meant that the matter was almost certainly headed to the Supreme Court. But the panel imposed several barriers to access, siding in part with Judge Kacsmaryk, while the lawsuit moved through the courts. Seeking emergency relief, the Biden administration asked the Supreme Court to intervene while a fast-tracked appeal moved forward.
Supreme Court Justice Abe Fortas resigned in 1969 over accusations of financial misconduct. But unlike Fortas, Thomas is unlikely to experience severe consequences in the post-Trump era. Like Fortas, Thomas has been accused of financial misconduct. Democratic lawmakers have called for an investigation into Thomas, and the Senate Judiciary Committee has said it will hold a hearing on Supreme Court ethics. "He will forever be remembered as the second Abe Fortas," Kalir said.
On that unredacted form, Kacsmaryk reported owning about $2.9 million in stock in the Florida-based supermarket company Publix. Federal judges are only required to report financial holdings in ranges, and don’t have to provide exact figures. One possible source of the Publix stock Kacsmaryk reported in 2017 is the judge’s grandmother. In 2020 and 2021, less than 4% of officials required to file judicial financial disclosures requested redaction, according to reports from the Administrative Office of the US Courts. In any case, experts said, the judge’s redacted report prevents transparency that litigants deserve.
Demonstrators rally in support of abortion rights at the US Supreme Court in Washington, DC, April 15, 2023. Supreme Court Justice Samuel Alito on Wednesday issued an order allowing the abortion pill mifepristone to remain available by mail delivery and without tighter restrictions on how it is used until at least late Friday night. Although that ruling keeps mifepristone on the market, the restrictions are so sweeping that many women would not have access to the medication even in some states where abortion is legal. The appeals court restrictions included blocking mail delivery of the medication, re-imposing doctor visits as a requirement to obtain the drug, and shortening the length of time women can use the pill to the seventh week of pregnancy. The court also blocked the generic version of mifepristone made by a second company, GenBioPro, which supplies about two-thirds of the medication for the U.S. market.
A federal judge that blocked student-debt relief agreed to transfer a related case to a different court. The case was challenging a rule to help borrowers who say they were defrauded by their schools. The Education Department said it was filed in the wrong venue, and the Trump-appointed judge agreed in a rare win for the administration. On February 28, CCST filed an 87 page complaint against the Education Department, saying that the department's latest reforms to the borrower defense process creates a "framework with new federal standards, adjudicatory schemes, and evidentiary presumptions." Judge Reed O'Connor, who is in the same district as Pittman, ruled the Affordable Care Act invalid in 2018.
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