seeks | Judiciary.org

FTC Seeks Comment on Potential Updates to Negative Option Rule

On March 11, 2026, the Federal Trade Commission (FTC) issued an Advance Notice of Proposed Rulemaking (ANPRM) seeking public comment on whether it should amend its Rule Concerning the Use of Prenotification Negative Option Plans (the Negative Option Rule), which governs certain offers in which a seller interprets a consumer’s silence or failure to take affirmative action as acceptance or continuing acceptance of the offer.

“Negative option subscriptions can offer procompetitive features to consumers and the marketplace more broadly by lowering transaction … Read the rest

Circuit Courts

Judiciary Says Courthouses Are in Crisis, Seeks Real Property Authority

The condition of federal courthouses around the country is in a deepening state of crisis, compelling the Judiciary to ask Congress for authority to directly manage properties that are essential to carrying out its constitutional mission.
Judiciary News – United States Courts… Read the rest

Circuit Courts

Judiciary Says Courthouses Are in Crisis, Seeks Real Property Authority

Circuit Courts

Judicial Branch Seeks $9.4 Billion in FY 2026 Budget Request

Two federal judges told Congress that the Judiciary has been negatively affected by two straight years of flat funding in most accounts, and they said a 9.3 percent increase in appropriations for the upcoming fiscal year is needed to ensure that the Judiciary can perform its essential constitutional functions.
Judiciary News – United States Courts… Read the rest

Civil Law

“Tester” Plaintiff Who “Actively Seeks Out Privacy Violations” Lacks Standing to Pursue CIPA Claim

Lawsuits targeting businesses’ use of website tools under the California Invasion of Privacy Act (“CIPA”) increasingly are filed by so-called “tester” plaintiffs. These plaintiffs seek out websites to “test” for potential CIPA violations and then file lawsuits seeking damages for those alleged violations. A California federal court recently confirmed that a CIPA plaintiff’s “status as a tester forecloses standing” for a simple reason: a tester “actively seeks out privacy violations” and therefore “cannot claim an injury when her expectations were … Read the rest

Circuit Courts

Judiciary Seeks 71 Judgeships to Meet Growing Caseloads

The Judicial Conference of the United States agreed to recommend to Congress the creation of new district and court of appeals judgeships as the Judiciary faces a worsening shortage of Article III judges and caseloads continue to mount.
Judiciary News – United States Courts… Read the rest

Supreme Court

Canadian formerly held at Guantanamo seeks to erase terrorism conviction

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

The vast majority of criminal cases – 98% of those in federal court, and 95% of those in state court – are resolved through plea bargains. As a condition for pursuing a lesser conviction or shorter sentence, prosecutors may also require someone who pleads guilty to a crime to sign … Read the rest

Supreme Court

California man exposed to COVID-19 in prison seeks to contest conditions of confinement

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

A petition for a writ of habeas corpus allows someone who is incarcerated to challenge the legality of their custody and seek release from prison. The Supreme Court has “left open” whether a habeas petition can be used to challenge prison conditions, and in answering that question for themselves, the … Read the rest