On September 20, 2024, U.S. District Judge Michael H. Simon for the District of Oregon issued an Opinion and Order in favor of defendants in the case. Firestone, et al.. v Janet Yellen, et al., Case No. 3:24-cv-1034 (D. Ore.) The Order upheld the constitutionality of the CTA and recognized Congress’ power to regulate. It is currently unclear as to the implications of this ruling for the business community at large. This ruling may be persuasive in similar cases outside of Oregon, but is not precedential, meaning that other judicial forums may rule differently on the issues presented in this case.
After discussing the context and provisions of the CTA, the court addressed each of the plaintiffs’ contentions within the legal framework of their burden to establish that a preliminary injunction should issue. First, discussing the likelihood of success on the merits, the court rejected the argument that Congress lacked authority to enact the CTA. The court recognized…
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