Law360 (January 11, 2021, 11:29 AM EST) — The U.S. Supreme Court said Monday it would not take up another challenge to the constitutionality of U.S. Securities and Exchange Commission administrative law judges, rejecting a case from a former investment adviser who argued he shouldn’t have to run the agency’s in-house enforcement gauntlet before his constitutional claims can be…

As of January 9, 2021, Governor J.B. Pritzker’s administration extended a version of the statewide ban on residential evictions until February 6, 2021.  This reprieve is welcomed by certain Illinois renters facing severe financial shortfalls due to the economic displacements caused by Covid. Landlords might view the modified extension as a limited reprieve, also, as…

Imagine your amateur softball league has a bylaw that all umpires must be hired by the league commissioner. Before a big game, some emergency umps‐​for‐​hire pile out of a van and start officiating without the commissioner’s approval. You’re skeptical, but it’s pointless to object during the game — the league has a hard rule that umpires won’t respond if…

Caleb Kruckenberg, NCLA Litigation Counsel, speaks on Stacy on the Right on Sirius XM about the CDC’s Eviction Moratorium.   TweetShareShare0 Shares

In the wake of Arthrex’s initial merits brief, amicus briefs in support of Arthrex’s position were filed December 29th and 30th. In the Arthrex cases (docketed as 19-1434), the parties have persuaded the Supreme Court to review a decision by the Federal Circuit holding that administrative patent judges (APJs) are principal officers and that their appointments violate the Appointments Clause of…

Law360 (January 3, 2021, 12:02 PM EST) — President-elect Joe Biden may need to flex his administration’s regulatory muscle to fulfill many of his ambitious campaign pledges, a strategy that could run headlong into a conservative U.S. Supreme Court wary of administrative power. Biden will enter a divided government if Republicans hold on to at least one…