Keep your finger on the legal world's pulse

The Supreme Court has given President Trump the power to fire the heads of independent agencies, such as the Federal Trade Commission, the Securities and Exchange Commission, and the National Labor Relations Board. The court's decision, which overturns a 91-year-old precedent that said the agencies must be independent of the president, creates a limited carve-out to preserve Federal Reserve independence. Justice Sonia Sotomayor, in a dissent with fellow Democratic appointees Elena Kagan and Ketanji Brown Jackson, observed: “Dozens of independent commissions are now likely to become purely executive agencies, shifting tremendous power over broad swaths of American life into the president’s hands.” The Competitive Enterprise Institute said the opinion “continues the healing process as we dismantle an unchecked regulatory state.”

 

The Hill

ABA Journal

Bloomberg

Danny David, Baker Botts’ managing partner, has said the firm will hire more associates as it bets AI will boost, not threaten, young lawyers’ careers. But he believes some other firms are exposed to lesser associate demand because of AI. “When AI reduces the hours a matter requires, a profit model built on associate volume is more exposed. Our profitability comes from specialized expertise where clients are paying for judgment on hard problems, not for hours on routine tasks,” David said. “For some firms, AI may well result in pink slips falling from the ceiling,” he added. “That will not be our experience.”

 

Bloomberg Law

A federal judge has blocked the Federal Labor Relations Authority (FLRA) from transferring authority over labor representation decisions to its top body, which is predominantly Republican-appointed. Chief U.S. District Judge Denise Casper ruled in favor of eight unions, including the AFL-CIO and the American Federation of Government Employees, saying that the FLRA's action was "arbitrary and capricious" under the Administrative Procedure Act. She emphasized that the proposed shift would not only increase the agency's caseload but also prolong processing times for representation matters. The unions argued that the FLRA failed to justify how the new policy would streamline operations, as the majority of cases are typically handled by regional directors. The FLRA, which currently has a 2-1 Republican majority, had claimed the old system was inefficient.

 

U.S. News

The Supreme Court has ruled 5-4 to block President Trump's attempt to fire Federal Reserve board member Lisa Cook. Chief Justice John Roberts wrote that the President didn't provide Cook enough process to contest allegations of mortgage fraud. “To be clear, the ultimate question of whether the President can remove Cook for cause will depend in part on the underlying facts,” Roberts wrote. “In this opinion, we have not addressed the facts , as they have yet to be found or analyzed under the relevant legal standards. Rather, we have simply addressed the parties' arguments about the appropriate legal standards under which the facts must be evaluated,” he continued.  Allowing Trump to remove Cook would open the door for “the President to remove a member of the Federal Reserve at any time, for any reason, without any notice before and without any judicial check after”, the chief justice wrote.

 

The Hill

CNBC

NPR / National Public Radio

The Supreme Court has ruled that federal law permits mail-in ballots to arrive after election day, upholding a Mississippi law that allows mail-in ballots to be counted as long as they are postmarked by election day and arrive within five business days. “Nothing in the federal election-day statutes requires ballots to be received by election day,” the conservative justice Amy Coney Barrett wrote in the 5-4 opinion. In his written dissent, conservative justice Samuel Alito said: "Today's decision leaves open opportunities for voter fraud that may further undermine Americans' faith in the integrity of this country's election . . . Diverse sources have recognized that mail-in ballots increase the potential for fraud."

 

Bloomberg

Los Angles Daily News

BBC News

President Trump has said that he intends to nominate Keith Sonderling, the acting Secretary of Labor, for the position permanently, pending Senate approval. "Throughout ⁠his ⁠career, Keith ⁠has proven ​his dedication to delivering strong ​results for ⁠the Hardworking People of our Country, and I know ⁠he will do an incredible job in ⁠his new role," Trump said in a Truth Social post. Sonderling has been acting labor leader since April after then-Secretary Lori Chavez-DeRemer ⁠resigned amid allegations of misconduct.

 

U.S. News

The Supreme Court has dismissed a challenge to tax foreclosure sales, denying homeowners the ability to retain more proceeds from the sale of their properties. The case involved a Michigan family whose home was sold for less than half its market value to settle an unpaid tax bill exceeding $2,000. They contended that the sale violated their rights, as the property could have sold for nearly $200,000 in a typical real estate transaction. However, Isabella County argued that auction prices are inherently lower due to cash payment requirements. The court's decision follows a previous ruling that prohibited counties from retaining tax sale proceeds beyond the owed amount, highlighting ongoing tensions between tax collection and homeowners' rights.

 

US News and World Report

The U.S. government has given Anthropic the green light to put its Claude Mythos 5 artificial intelligence model back into the hands of 100 or so “trusted partners”, including many Fortune 500 companies and U.S. government departments. The Trump administration had been concerned that such powerful AI systems could be misused by military intelligence users in China, Russia or other countries. Reuters notes that the administration's vetting ​of which companies can gain access to Mythos has been widely criticized. "No one knows how these companies are picked and why everyone else is excluded," observed John Coleman, legislative counsel for the Philadelphia-based nonpartisan free speech organization, the Foundation for Individual Rights and Expression. "This is putting too much power in the hands of the government. There's little transparency and it raises questions about the rule of law."

 

Financial Times

Reuters

Reuters reports on research which suggests that complexity in financial ​regulation is useful because it can make rules harder to ​get around. Moves toward simplification in the U.S. and U.K. could make the system less safe, with rules more likely to be gamed as lenders shift risks elsewhere ​in the system, according to the study. "Our evidence suggests the U.S. rollback risks going too far," the authors of the research, including Stockholm School of Economics professor Mariassunta ⁠Giannetti, said. They added that Britain was also slowly moving in the same direction.

 

Reuters

Vinson & Elkins has hired Jason Marty as chief operating officer, as the law firm navigates its way with AI technology. Marty, a former AI company executive who also brings experience as a COO at other law firms, said “optionality” will be his priority as Vinson & Elkins extends its use of the technology. “Things are moving so quickly that perhaps the most important need is nimbleness,” Marty said.

 

Bloomberg Law

Women at Fortescue Mining have launched a class action in Melbourne, alleging systemic sexual harassment and gender discrimination at the company's Australian remote worksites. The action, filed by law firm JGA Saddler, follows previous claims against other mining firms. “We were speaking to thousands of women in mining in the Rio Tinto and BHP sex discrimination class actions and Fortescue's worksites kept coming up time and time again as places that were unsafe for women,” JGA Saddler lawyer Paris Hamrey said. “There have been reports of sexual assault, violence and retaliation especially when female staff reject sexual advances. We have heard from women who have lodged complaints about unacceptable behavior but are then dismissed, demoted, silenced or black-listed from the industry . . . One of the most disturbing regular reports is women on Fortescue worksites being warned against washing their underwear in on-site laundries because theft of female underwear is rife.”

 

Yahoo News Australia

ABC Online

In 2025, four U.S. Supreme Court justices collectively earned over $2m from book payments, according to financial disclosures. Justice Ketanji Brown Jackson reported a $1.18m book advance from Penguin Random House for her memoir "Lovely One," in addition to nearly $2.07m from the previous year. Justice Amy Coney Barrett earned $849,071 in royalties from her book "Listening to the Law," while Justice Sonia Sotomayor disclosed $88,100 in royalties from her children's books.

 

U.S. News