News Categories: Constitutional Law

August 2024

The Story Continues: Federal Court Strikes Down The FTC’s Non-Compete Ban

Earlier this year, we provided an update on the United States Federal Trade Commission (FTC)’s promulgation of its Rule banning non-compete agreements.  Expectedly, the Rule was challenged. On August 20, 2024, the United States District Court for the Northern District of Texas issued an opinion and order setting aside the FTC’s

The FTC Issues Non-Compete Ban – What Now?

In Michigan, courts generally presume the legality, validity, and enforceability of contracts. Although noncompete agreements have generally been disfavored by the law, they are enforceable to the extent that they are reasonable in time, geographic distance, and competitive interest. This may all be changing soon though. On April 23, 2024, the

November 2023

DOJ Files Statement of Interest Supporting Church’s Free Meal Program

The Justice Department filed a statement of interest in the U.S. District Court for the District of Oregon explaining that a city’s decision to restrict a church’s distribution of meals to people who are homeless or hungry may have substantially burdened religious exercise under the Religious Land Use and Institutionalized

January 2022

SCOTUS Strikes Down One Vaccine Mandate, Upholds Another

On January 13, the Supreme Court of the United States (SCOTUS) struck down the Biden Administration’s vaccine mandate that was to apply to all large employers. That same day, the Supreme Court upheld the administration’s vaccine mandate that applies to healthcare workers at healthcare facilities that receive Medicare and Medicaid.  These

September 2021

Local Government Forced to Issue Bonds to Pay RLUIPA Legal Fees

A New York case is the latest example of why local governments should proceed carefully in RLUIPA litigation to avoid costly outcomes. In the case of the Village of Pomona, NY (Pomona), a RLUIPA case that has dragged on for more than a decade – bouncing from the district court

July 2021

SCOTUS Sides with Amish Community on RLUIPA Land Use Claim

The Supreme Court of the United States (SCOTUS) has finally reached the merits of a RLUIPA land use matter – sort of. To the extent the court touched on the RLUIPA questions in Mast v. Fillmore County on July 2nd, the overarching message from at least one justice was clear:

June 2021

Amish Community Waiting to See if SCOTUS Will Review RLUIPA Claim

It appears as though another term of the Supreme Court will close without the high court evaluating a religious land use claim under The Religious Land Use and Institutionalized Persons Act (RLUIPA). An Amish community from Minnesota had asked the U.S. Supreme Court to consider whether state laws requiring the