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On June 25, 2026, the United States Supreme Court issued its decision in Mullin v. Doe, in which the Court allowed the Trump administration to proceed with the termination of temporary protected status (TPS) designations for Haiti and Syria. Under the TPS statute, which was enacted in 1990, the Department of Homeland Security (DHS) Secretary […]
On June 25, 2026, the U.S. Supreme Court issued two immigration decisions with practical consequences for asylum access, Temporary Protected Status (TPS), and employer work authorization compliance. In Mullin v. Al Otro Lado, the Court held that a person waiting on the Mexico side of the U.S.-Mexico border hasn’t “arrived in the United States” for […]
The United States Supreme Court has agreed to review Trustees of the IAM National Pension Fund v. M&K Employee Solutions, LLC, a case that could significantly reshape how multiemployer pension plans calculate withdrawal liability under the Multiemployer Pension Plan Amendments Act (MPPAA). The central question is whether ERISA requires plans to use actuarial assumptions in effect […]
In Ames v. Ohio Department of Youth Services, the U.S. Supreme Court, in a rare unanimous employment opinion, held that placing an additional evidentiary burden on majority group plaintiffs was inconsistent with Title VII of the Civil Rights Act of 1964 and Supreme Court precedent. In Ames, the Court examined whether, in order to establish […]
The U.S. Supreme Court opened its new term facing a challenging docket and a distrustful public. The most watched cases all require the Court to more fully articulate the boundaries, if any, of its precedential ruling in Trump v. US, giving the president untrammeled authority over the executive branch, including the unrestricted right to terminate […]
The Supreme Court’s 2024 decision in Muldrow v. City of St. Louis set the stage for an increase in claims arising out of circumstances in which an employee experiences a change in their working conditions that doesn’t rise to the level of a pay cut, demotion, or termination. The effects of the Court’s decision were […]
In August, the U.S. Supreme Court upheld an injunction to the Department of Education’s recently issued rule implementing Title IX of the Education Amendments of 1972. Title IX prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government. This order—coupled with its decision overruling Chevron deference—signals the […]
When the Supreme Court decided SEC v. Jarkesy, it only decided one of the issues in the U.S. 5th Circuit Court of Appeals decision. As we noted in “NLRB’s Administrative Law Judges Face Existential Challenges,” the 5th Circuit in Jarkesy also ruled that the Securities and Exchanges Commission’s (SEC) administrative law judges (ALJs) were unconstitutionally […]
Immediately after the Supreme Court’s decisions in SFFA v. Harvard/UNC eliminating the use of race in higher education admissions, questions were raised about corporate diversity, equity, and inclusion (DEI) programs. Edward Blum—founder of the organization Students for Fair Admissions (SFFA) that won the Harvard/UNC decision—and former Trump administration staffer Stephen Miller have aggressively challenged corporate […]
Recreational touring companies are seeking U.S. Supreme Court review of the U.S. 10th Circuit Appeals Court decision upholding President Joe Biden’s $15 minimum wage requirement for federal contractors. The companies claim the wage hike was beyond the president’s authority under the Procurement Act. According to the companies, the “legal problem the mandate creates is straightforward: […]