Insights

Washington – May 6, 2020: The National Law Journal named Crowell & Moring to the 2020 Pro Bono Hot List, an annual list of the law firms and lawyers who “are dedicated to making a monumental impact on the lives of those in need.”

Washington – January 3, 2019: Crowell & Moring LLP is pleased to announce that it has elected eight lawyers to the firm’s partnership, effective January 1, 2019. The firm has also promoted 21 associates to the position of counsel. The new partners have been promoted from within the ranks of the firm’s Washington, New York, and Brussels offices, and underscore the firm’s commitment to its Corporate, Government Contracts, Intellectual Property, International Trade, Litigation, Mass Tort, Product & Consumer Litigation, and Privacy & Cybersecurity practices.

The Supreme Court has shown great interest in personal jurisdiction issues of late. Last term, in Mallory, the Court upheld a state corporate registration law that requires companies to consent to personal jurisdiction as a condition to conducting business in the state.[1] In 2021, in Ford, the Court held that it is not a violation of due process for a state to assert personal jurisdiction over a defendant even though the defendant’s contacts with the state are not the cause of the plaintiff’s injuries.[2]

On June 17, the U.S. Supreme Court issued an opinion in California v. Texas, holding 7-2 that a group of states and individuals lacked standing to challenge the constitutionality of the Affordable Care Act (ACA). The Court did not reach the plaintiffs’ merits arguments, which specifically challenged the constitutionality of the ACA’s individual mandate and the entirety of the Act itself.

The Supreme Court’s October Term 2019 undoubtedly was a blockbuster one, both for its decisions and atypical length, but let us not forget a colossal case that looms next term, just over the summer horizon. In the fall, the Supreme Court will hear arguments in California v. Texas—a case that revisits the validity of the Affordable Care Act, one of the most impactful and controversial laws of the 21st century. How the Court handles this case in a world stricken by the COVID-19 pandemic will have huge implications for virtually all Americans, not to mention payers who sell products in the marketplaces created by the ACA or who serve states that expanded Medicaid.