S.Res. 444: Providing for En Bloc Consideration of Military Nominations
On October 31, 2023, Senator Jack Reed, chair of the Senate Armed Services Committee, submitted S.Res. 444, a resolution proposing a temporary process to allow the Senate to consider more than one mil...
Expulsion of Members of Congress: Legal Authority and Historical Practice
The U.S. Constitution expressly grants each house of Congress the power to “punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.” Expulsion is the proc...
Lead Service Lines (LSLs) Replacement: Funding Developments
Lead’s adverse health effects, particularly on children’s development, have continued to generate interest in reducing exposures to lead through drinking water. Various efforts, such as the regulation...
Third Circuit Holds that Application of Felon-in-Possession Ban Violates the Second Amendment, Creating Circuit Split
In Range v. Attorney General, the U.S. Court of Appeals for the Third Circuit (Third Circuit), sitting en banc, struck down an application of a federal statutory provision—commonly referred to as the ...
Corporate Taxation: Profit Shifting, Transfer Pricing, and Cost Sharing
Recent events have highlighted the issue of corporate profit shifting using transfer pricing and cost sharing methods. In its October 11, 2023, 8-K filing with the Securities and Exchange Commission, ...
NetChoice v. Bonta and First Amendment Limits on Protecting Children Online
On September 18, 2023, in NetChoice v. Bonta, the U.S. District Court for the Northern District of California preliminarily enjoined enforcement of the California Age-Appropriate Design Code Act (CAAD...
The Secure the Border Act (H.R. 2): Asylum-Related Reforms
On May 11, 2023, the House passed the Secure the Border Act of 2023 (H.R. 2). The bill would, among other things, make significant changes to federal immigration laws with respect to border security, ...
FDA Regulation of Cosmetics and Personal Care Products Under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA)
The Food and Drug Administration (FDA) has the authority to regulate cosmetic products and their ingredients. This authority was granted by the 1938 Federal Food, Drug, and Cosmetic Act (FFDCA), which...
School Swatting: Overview of Federal Criminal Law
In September 2023, school districts in several states—including Pennsylvania, New York, Utah, California, and North Carolina—were reportedly subject to threatening hoax communications characterized as...
Coinbase, Inc. v. Bielski: Federal Trial Courts Must Halt Proceedings During Arbitration Appeals
In Coinbase, Inc. v. Bielski, the Supreme Court ruled in a 5-to-4 decision that federal district courts must stay pre-trial and trial proceedings when a party appeals an order denying a motion to comp...
Inflation Reduction Act of 2022 (IRA): Provisions Related to Climate Change
On August 16, 2022, President Biden signed H.R. 5376 (P.L. 117-169), a budget reconciliation measure commonly referred to as the “Inflation Reduction Act of 2022” (IRA). IRA contains eight titles, eac...
Consolidated Appropriations Act, 2023 (P.L. 117-328): Medicaid and CHIP Provisions
The Consolidated Appropriations Act, 2023 (CAA 2023; P.L. 117-328), enacted on December 29, 2022, provides appropriations to federal agencies for the remainder of FY2023, provides supplemental appropr...
Barriers Along the U.S. Border: Key Authorities and Recent Developments
On October 5, 2023, Secretary of Homeland Security Alejandro Mayorkas invoked Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), waiving requirements u...
Israel and Hamas October 2023 Conflict: Frequently Asked Questions (FAQs)
On October 7, 2023, the Palestinian Sunni Islamist group Hamas (a U.S.-designated foreign terrorist organization, or FTO) led surprise attacks against Israel from the Gaza Strip by land, sea, and air....