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Care for Neediest Hangs in Balance in High Court HHS Case

October 8, 2021
…Others agree. The New Civil Liberties Alliance says it’s “particularly disturbed by the appeals court’s decision not to exercise its independent judgment regarding the best reading of the statute at issue.” Likewise, the Americans for Prosperity Foundation says deference doctrines like Chevron “wrongly place a thumb on the scale in favor of the nation’s most…
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SEC Sued over Nasdaq’s ‘Diversity’ Rule for Race, Gender, LGBTQ Quotas on Boards

October 7, 2021
The National Center for Public Policy Research, a conservative think tank advocating free market policies, sued the U.S. Securities and Exchange Commission (SEC) on Tuesday after it approved the Nasdaq’s controversial “diversity” rule. The policy attempts to avoid the problem of racial, gender, and sexual quotas — which are often illegal — by allowing companies…
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Fifth Circuit Hears Arguments In Bump Stock Ban Case

October 7, 2021
…In no time flat, there were proposals and bills banning the devices, proposals that sometimes went well beyond just bump stocks. President Trump eventually decided to ban them via executive order, thus negating any push for federal regulations. However, some still take issue with the banning, myself included, and they took the issue to court.…
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Second Circuit Declines to Strike Down No-Deny Provision of Executive’s SEC Consent Agreement

October 6, 2021
On Sept. 27, 2021, the U.S. Court of Appeals for the Second Circuit rejected the most recent legal challenge to the Securities and Exchange Commission’s (SEC) practice of using “no-deny” consent agreements to resolve civil enforcement actions. This practice allows alleged violators of federal securities laws to settle civil actions with the SEC without admitting or…
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Blog: New Challenge to Nasdaq Board Diversity Rule

October 6, 2021
A new petition has been filed challenging the Nasdaq board diversity rule (see this PubCo post). The National Center for Public Policy Research filed the petition on Tuesday with the U.S. Court of Appeals for the Third Circuit, but asked the court to transfer the proceeding to the Fifth Circuit, where an earlier petition filed by the Alliance…
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Crypto User Asks 1st Circuit To Curtail IRS Collection of Records

October 6, 2021
It’s no secret that the Internal Revenue Service suspects thousands of cryptocurrency users of underreporting their tax liability. In 2017, the IRS won a ruling that granted the government access to transaction records belonging to more than 10,000 customers of the virtual currency exchange Coinbase Inc. Last April, the government obtained a similar ruling to see records from Circle Internet Financial…
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