United States: Constitutional & Administrative Law

The space sector is expanding at an unprecedented pace, outstripping the regulatory and operational frameworks designed to support it. From Washington's push for satellite licensing reforms and enhanced commercial-military integration to Europe's efforts to bolster sovereign launch capabilities, governments and industry are racing to adapt. This update examines the latest legislative developments, national security initiatives, and international efforts shaping the future of space commerce and policy.

The FCC has released a new Notice of Proposed Rulemaking that could fundamentally reshape TCPA compliance requirements for businesses. The proposal addresses critical issues including shortened opt-out timeframes, mandatory two-way texting capabilities, "revoke all" mechanisms, and clarification on how revocation requests apply across affiliates and business divisions.

President Trump has invoked Section 338 of the Tariff Act of 1930 to impose new counter-tariffs on Canadian goods including dairy, alcohol, motorcycles, and metal products. The legality of this rarely-used statutory provision remains untested in court, raising questions about presidential tariff authority under the U.S. Constitution. Legal scholars debate whether Section 338 has been superseded by later trade legislation, while the administration argues Canada's retaliatory measures constitute discriminator

The Office of Research Integrity has issued new guidance clarifying how generative AI use in federally funded research will be evaluated under research misconduct standards. While disclosure of AI tools is required, it does not provide immunity from misconduct findings, and institutions must now navigate complex verification, documentation, and evidence preservation requirements to protect researchers and maintain compliance with evolving federal expectations.

Massachusetts voters will decide nine statewide ballot questions in November 2026 that could fundamentally reshape the state's legal, regulatory, and fiscal landscape. These measures address government transparency, election reforms, housing development, marijuana regulation, firearms laws, and state revenue limits, with implications extending far beyond Election Day to implementation, regulation, and ongoing policy debates.

The FDIC has proposed amending regulations to extend parity between out-of-state state banks and national banks regarding host state law application, even when state banks operate without physical branches. This regulatory change stems from recent litigation involving Illinois payment card transaction laws and aims to address uncertainty affecting state-chartered banks offering services across state lines.

After the fall of the Empire in China in 1912, and before the takeover of China by the Communists in 1949, there was a period in which a number of warlords controlled different areas of China. The United States felt that there was a need for certainty in the dealings of its citizens abroad therefore, for more than two decades in the early twentieth century, the United States maintained an unusual federal court on foreign soil—one that exercised full judicial authority over American citizens living and working in China.

The Senate Banking Committee has scheduled a crucial executive session to vote on Brian Johnson's nomination as CFPB Director, along with the Terrorism Risk Insurance Program Reauthorization Act and several other key appointments. If approved, Johnson's nomination will advance to the full Senate for consideration, with a narrow two-week window before the pre-election recess that could determine the timing of his potential confirmation. The process involves multiple procedural steps including committee appro

The False Claims Act’s qui tam provisions are among the federal government’s most important tools for identifying and pursuing alleged fraud involving Medicare, Medicaid, federal health care programs and other government funds. The statute permits a private individual, known as a relator, to bring a False Claims Act action “for the person and for the United States Government” in the name of the government.