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Wachtell Discusses the U.S. Supreme Court’s Business Docket for the October Term 2022

Reynolds Holding

While Axon was a limited, procedural ruling insofar as it did not opine on the underlying merits of any constitutional challenge, the decision affords companies—including merger parties—facing adverse action in the setting of in- house agency forums the opportunity to press constitutional claims at an early stage in a neutral Article III court.

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