United States: Constitutional & Administrative Law

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Government regulation and public sector law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as fiscal and monetary policy, human rights, foreign investment, government contracts and procurement, and constitutional and administrative law.
Article
Qui Tam Lives To Fight Another Day: What The Eleventh Circuit’s Zafirov Decision Means For The False Claims Act
The False Claims Act’s qui tam provisions are among the federal government’s most important tools for identifying and pursuing alleged fraud involving Medicare, Medicaid, federal health care programs and other government funds. The statute permits a private individual, known as a relator, to bring a False Claims Act action “for the person and for the United States Government” in the name of the government.
United States Healthcare
BI
Buchanan Ingersoll & Rooney PC
Article
A Temporary Reprieve For Hemp-THC Products… But What Now?
Federal legislation has pushed back the scheduled ban on hemp-derived THC products from November 12 to December 11, 2026, providing a temporary reprieve for an industry employing 350,000 people nationwide. However, this one-month extension offers no permanent resolution, and stakeholders face mounting pressure as multiple state-level restrictions continue to take effect independently of federal timelines.
United States Consumer
FH
Foley Hoag LLP
Podcast
Why Oregon’s EPR Law Could Set The Rules For Every State — A Conversation With Karen R. Harned (Podcast)
Karen R. Harned, Director of Litigation and Legal Policy for the National Association of Wholesaler-Distributors, discusses the federal challenge to Oregon's Extended Producer Responsibility law. The conversation explores NAW's mission, the Legal Policy Center's role, and the reasons behind the lawsuit against Oregon, culminating in Judge Michael H. Simon's August 27, 2026 ruling.
United States Environment
BC
Bergeson & Campbell
Article
SEC And FDA Sign Memorandum Of Understanding Formalizing Cross-Agency Information Sharing
The Securities and Exchange Commission and Food and Drug Administration have formalized a framework for sharing non-public information through a new memorandum of understanding, creating established contact points and secure channels between the agencies. This development signals heightened scrutiny for FDA-regulated companies, as disclosures made to one agency may now be systematically shared with the other, fundamentally altering the enforcement landscape for life sciences and pharmaceutical industries.
United States Government
BT
Barnes & Thornburg LLP
Podcast
Analyzing NRSC v. FEC: What The Supreme Court’s Ruling Means For Parties, PACs And Donors (Podcast)
The Supreme Court's decision in National Republican Senatorial Committee v. FEC has fundamentally altered the landscape of political party spending by eliminating federal limits on coordinated expenditures between parties and candidates. This ruling preserves existing campaign finance guardrails while potentially reshaping the power dynamics of party committees, joint fundraising operations, and various political action committees.
United States Government
SA
Skadden, Arps, Slate, Meagher & Flom (UK) LLP
Article
District Court Enjoins EPA From Reclassifying California’s Clean Air Act Waivers
A federal district court has preliminarily enjoined the EPA from reclassifying California's Clean Air Act preemption waiver orders as "rules" subject to the Congressional Review Act. The court found that EPA's reclassification likely violated the Administrative Procedure Act and exceeded the agency's authority, though the order does not prevent Congress from proceeding with pending disapproval resolutions.
United States Environment
AP
Arnold & Porter
Article
Federal Court In CLINIC v. Rubio Strikes Down Immigrant Visa Freeze Affecting 75 Countries
A federal judge has invalidated the U.S. Department of State's nationality-based policy suspending immigrant visa issuance for nationals of 75 countries. The ruling in CLINIC v. Rubio requires the government to return to individualized adjudication under U.S. immigration law, though it does not eliminate existing travel restrictions or guarantee visa issuance.
United States Immigration
AL
Akalan Law Firm
Article
Challenging Immigration Detention In Federal Court, Even In Hard-to-Win Districts
Federal courts continue to address important questions surrounding immigration detention and the constitutional rights of individuals facing removal proceedings, questions that have taken on new urgency as several federal appellate courts have recently expanded the government’s authority to mandatorily detain certain noncitizens without a bond hearing.
United States Immigration
PB
Porzio, Bromberg & Newman
Article
Tick Tock – The Wait Is Over: Eleventh Circuit Upholds FCA Qui Tam Constitutionality
The U.S. Court of Appeals for the Eleventh Circuit has ruled on the constitutionality of qui tam provisions under the False Claims Act, addressing whether private relators violate the Appointments Clause by bringing enforcement actions without presidential appointment. The decision examines whether relators qualify as "officers of the United States" and evaluates the characteristics that define a continuing government position, with significant implications for healthcare entities and government contractors
United States Criminal
HK
Holland & Knight
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