On June 29, 2026, the Supreme Court held in Trump v. Slaughter (No. 25-332) that statutory restrictions limiting the President’s authority to remove members of the Federal Trade Commission (“FTC”) violate Article II of the Constitution. By a 6–3 vote,
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Latest from Dykema - Page 2
Decision Alert: Supreme Court Holds Statutory Removal Protections Remain Judicially Enforceable Pending Review of Presidential Removal Decisions
On June 29, 2026, the Supreme Court held in Trump v. Cook (No. 25A312) that Federal Reserve Governor Lisa Cook may remain in office pending litigation challenging her removal proceedings. By a 5–4 vote, the Court declined to stay a…
Decision Alert: Supreme Court Holds the Fourteenth Amendment Guarantees Birthright Citizenship
On June 30, 2026, the Supreme Court held in Trump v. Barbara (No. 25-365) that children born in the United States to parents who are unlawfully or temporarily present are citizens at birth under the Citizenship Clause of the Fourteenth…
Decision Alert: Supreme Court Holds Acquisition of Google Location History Through a Geofence Warrant Constitutes a Fourth Amendment Search
On June 29, 2026, the Supreme Court held 6–3 in Chatrie v. United States (No. 25-112) that law enforcement’s acquisition of Google Location History through a geofence warrant constitutes a Fourth Amendment “search.” Importantly, however, the Court did not hold…
Decision Alert: Supreme Court Unanimously Holds Negligent Hiring Claims Fall Within the FAAAA’s Safety Exception
As signaled in Dykema’s March 2026 edition, Montgomery v. Caribe Transport, II (No. 24-1238) arises from a highway accident in which Petitioner Montgomery was struck by a vehicle operated by an employee of Respondent Caribe Transport II, LLC, which…
Decision Alert: Supreme Court Holds Federal Courts Retain Jurisdiction to Confirm or Vacate Arbitration Awards After Staying Litigation Under the FAA
On May 14, 2026, the Supreme Court held in Jules v. Andre Balazs Properties (No. 25-83) that a federal court that stays a case pending arbitration under § 3 of the Federal Arbitration Act (FAA) retains jurisdiction to confirm or…
Decision Alert: Supreme Court Unanimously Holds Just Compensation in Tax Sale Foreclosures is Properly Measured by Auction Sale Price and Not Fair Market Value
On June 23, 2026, the Supreme Court held in Pung v. Isabella County (No. 25-95) that when the government sells a property in a tax auction to collect unpaid taxes, the Fifth Amendment generally measures “just compensation” by the amount…
Decision Alert: Supreme Court Unanimously Holds “Last-Mile” Delivery Drivers May Qualify for the Federal Arbitration Act’s Transportation Worker Exemption
On May 28, 2026, the Supreme Court unanimously held in Flowers Foods, Inc. v. Brock (No. 24–935) that a worker may qualify for the transportation worker exemption in § 1 of the Federal Arbitration Act (FAA) even if the worker…
Decision Alert: Supreme Court Clarifies That Rooker-Feldman Can Bar Federal Court Review of Non-Final State Court Judgments
On June 18, 2026, the Supreme Court issued a 5-4 decision in T.M. v. University of Maryland Medical Systems, concluding that the long-maligned Rooker-Feldman doctrine strictly bars a federal court collateral attack on a state court judgment, even when that…
Decision Alert: Supreme Court Rejects Equitable Tolling to Extend 30-Day Deadline to Remove to Federal Court
The Supreme Court recently decided Enbridge Energy, LP v. Nessel (No. 24-783), holding that the equitable tolling doctrine cannot be invoked to extend the 30-day deadline for removing a case from state to federal court under 28 U.S.C. § 1446.…