Insights

Washington – July 15, 2024: Crowell & Moring secured a victory on behalf of the National Mining Association in a longstanding dispute over a regulation governing mining on federal land.

Washington – April 30, 2024: Crowell & Moring’s Litigation Group recently filed two amicus briefs in the United States Court of Appeals for the 8thCircuit in opposition to an Iowa law that bans school officials from discussing gender identity or sexual orientation with students (its “Don’t Say Gay” provision) and requires the removal of certain books from Iowa public school libraries (its “Book Ban” provision).

The U.S. Supreme Court’s February 20, 2026, opinion in Learning Resources. v. Trump (decided with Trump v. V.O.S. Selections), holding that the President lacks authority to impose tariffs under the International Emergency Economic Powers Act (IEEPA), is notable for many reasons — including its practical impact on the many U.S. companies who paid steep tariffs on global imports and may now be able to recover by filing suit before the Court of International Trade (CIT). That possibility and the key reasons for the High Court’s decision are discussed in our recent alert on this momentous decision.

On February 20, 2026, the Supreme Court issued a pivotal ruling in Trump v. V.O.S. Selections, negating the President’s ability to impose tariffs under IEEPA. The case stemmed from President Trump’s invocation of IEEPA to levy tariffs on imports from Canada, Mexico, China, and other countries, citing national emergencies. Challengers argued—and the Court agreed—that IEEPA does not delegate tariff authority to the President. The power to tariff is vested in Congress by the Constitution and cannot be delegated to the President absent express authority from Congress.

On January 24, 2025, the United States Supreme Court agreed to hear a case that could resolve whether putative Rule 23(b)(3) classes may be certified in the federal courts when some of the class members are uninjured. Or, as the Supreme Court put the certified question in the case, Laboratory Corporation of America Holdings, dba Labcorp, v. Luke Davis, et al., No. 22-55873:

In class action lawsuits, much of the focus is on pretrial motions—and often, the appeal of lower court rulings on those motions. But for defendants, two trends could make it more difficult to win on those appeals.