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Supreme Court to consider multi-pronged constitutional attack on SEC

SCOTUSBlog

The government’s view in this case is that the Constitution affords Congress a broad authority to create new obligations by statute, and that because those statutory obligations were unknown to the common law, they are public rights that Congress can assign to an administrative tribunal without a jury.

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Supreme Court strikes down Chevron, curtailing power of federal agencies

SCOTUSBlog

Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency’s interpretation of the statute as long as it was reasonable. Under the APA,” Roberts concluded, “it thus remains the responsibility of the court to decide whether the law means what the agency says.”

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US Supreme Court hears oral arguments in case challenging FTC enforcement powers

JURIST

In Monday’s oral argument, Paul Clement, on behalf of Axon, stated that the company is “challenging the constitutionality of statutes that insulate agency officials” and violate due process rights by “denying access to courts.”

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SCOTUS Poised to Decide Fate of Chevron Doctrine

Constitutional Law Reporter

The Court’s Chevron decision established a bedrock principle of administrative law. Under Chevron , courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. Natural Resources Defense Council , 467 U.S.

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In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause

SCOTUSBlog

1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. Talevski’s wife and legal guardian brought a Section 1983 action on his behalf against VCR, HHC, and other entities, alleging violations of his FNHRA rights.

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New York sues New Jersey over compact governing Port of New York and New Jersey

SCOTUSBlog

The compact, agreed to in 1953, formed the Waterfront Commission of New York Harbor and granted it broad regulatory and law-enforcement powers over operations at the port. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. 27, 2021, it formally notified New York that it intends to withdraw.

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Supreme Court expands time frame to sue federal agencies

SCOTUSBlog

It reasoned that the six-year statute of limitations imposed by the Administrative Procedure Act, the federal law governing agency actions and the legal challenges to them, applied, even though Corner Post had not opened its doors until 2018. A federal district court dismissed the case.

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