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Court Watching

What We're Watching in the Courts

FEDERAL

Whether Congress impliedly stripped federal district courts of jurisdiction over constitutional challenges to the Federal Trade Commission’s structure, procedures, and existence by granting the courts of appeals jurisdiction to “affirm, enforce, modify, or set aside” the Commission’s cease-and-desist orders. 

Whether, on the merits, the structure of the Federal Trade Commission, including the dual-layer for-cause removal protections afforded its administrative law judges, is consistent with the Constitution.

Whether the Commerce Clause permits a State to impose penalties on imports of a product solely on ac-count of objections to the way it was produced in an-other State, in the absence of any material effects within the importing State.

Should Rapanos v. United States, 547 U.S. 715 (2006) be revisited to adopt the plurality’s test for wetlands jurisdiction under the Clean Water Act?

OKLAHOMA

On June 1, 2022, the Oklahoma Supreme Court decided the case of Harwood v. Ardagh Group, leaving employers in fear of implementing measures to keep their employees safe in environments they do not own or control.

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