This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
Share The Supreme Court on Tuesday sided with the federal government in a dispute over when federal courts can treat asylum seekers’ testimony as credible. Alcaraz-Enriquez , the court rejected the approach of the U.S. Justice Neil Gorsuch wrote the opinion for the court. Dai and Garland v.
Supreme Court in West Virginia v. Environmental Protection Agency has shed light on how the court'sdecision could significantly limit the federal government's efforts to address climate change, and reshape administrativelaw and the separation of powers, say Matthew Sinkman and Andrew Alessandro at Gibbons.
Koblitz — You know a courtdecision is going to be worth reading when the judges compare FDA’s regulatory governance of flavored e-cigarettes to a Shakespearean gaslighting. But administrativelaw does not turn on such infinitesimal possibilities.” By David B. Clissold & Sara W.
The federal government does its own version of rebranding with each change in administration. As a matter of administrativelaw, the Brand Memo made good sense from the perspective of FDA-regulated industry, as we described here. The memorandum cites the 2019 Supreme Courtdecision, Kisor v.
Hull Late last month, the Department of Justice filed a short statement regarding administrativelaw judges (ALJs). The APA specifically instituted certain removal protections to ensure that the ALJs conducted hearings with impartiality and with independent decision-making. In a decision last year, United States v.
The US Court of Appeals for the Fifth Circuit Wednesday ruled that the Deferred Action for Childhood Arrivals (DACA) program was properly deemed illegal in a lower courtdecision last year. The post DACA program illegal under administrativelaw, US appeals court says appeared first on JURIST - News.
The Chevron doctrine, a pillar of administrativelaw, also looms large in the case. Natural Resources Defense Council , determines when a federal court must defer to an agency’s interpretation of a statute it administers. Court of Appeals for the 9th Circuit, in Empire Health Foundation v. In 2020, the U.S.
Have you heard about the big Supreme Courtdecision that came down a couple weeks ago? We’re talking about the one with the power to upend the regulatory system and the balance of power between the executive and judicial branches of the federal government. No, not the one about Presidential immunity.
Cochran , the justices agreed to decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrativelaw proceedings. The justices also granted review in Jones v.
If the lower courtsdecision allowing RJR Vapors case to go forward stands, the FDA says, other manufacturers will also try to get around the restrictions that federal law imposes on where such challenges can be filed. Although the dispute may seem like a technical one, the FDA contends that the stakes are high.
However, Arroyos ADA claim had already been decided in his favor, and the only remaining issue was his state law claim for damages under the Unruh Act. Decision The Ninth Circuit reversed the district courtsdecision to dismiss the Unruh Act claim, ruling that the federal court should have kept jurisdiction over it.
She sought to understand the risks of prematurely deciding the venue issue without sufficient lower court development and highlighted the potential for broader repercussions beyond the specific case. In two examples above, Grants Pass and Trump v.
The Fifth Circuit summarily discredited two past courtdecisions from sister circuits that accepted the NRC’s ability to regulate for temporary nuclear waste storage facilities that are not on the site of a nuclear reactor.
Harper that the “ independent legislature ” election theory, which has been the legal foundation for many of the recent Republican-led efforts to change election administrationlaw and overturn 2020 election results, is an invalid interpretation of the Election Clause of the Constitution. Reno and Cooper v.
Together, these cases offer a snapshot of a legal system navigating the complexities of modern governance, individual freedoms, and the evolving boundaries of federal authority. Cases involving high-stakes issues, such as presidential authority, Fourth Amendment protections, or election law, were prioritized due to their broader implications.
Because the Biden administration decided to stop defending the rule, it dismissed a challenge to the rule that had been pending in the Supreme Court in 2021.
The third-party complaint asserted that while the plaintiffs’ claims were meritless, Statoil, “as well as potentially the many other sovereign governments that use and promote fossil fuels,” must be joined as third-party defendants. Chevron filed similar notices of withdrawal in other cases brought by California localities. 20-1778 (U.S.
The government has already moved to kill the TRO arguing that it’s a violation of Article II to require the executive branch to wait LESS THAN A WEEK to make sure it’s not operating in violation of multiple explicit statutes and regulations. It’s cliche to compare contemporary regimes to the Nazis, of course.
Constitution but then “engaged in insurrection or rebellion” against the federal government. Enacted in the wake of the Civil War, Section 3 was intended to disqualify individuals who had served in the federal (or state) government before the Civil War and had sworn to uphold the Constitution but then supported the Confederacy.
Judicial Appointments A significant reshaping of the judiciary, particularly to the Supreme Court and federal appellate courts, has reshaped the judiciary. These appointments are already influencing rulings on key areas, including administrativelaw, corporate litigation, and constitutional law.
We organize all of the trending information in your field so you don't have to. Join 99,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content