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
In this article, I analyze all 104 closely divided Supreme Courtdecisions from 2020 onwardthe Barrett eraeach decided by either a 54 or 63 vote. To answer this, I combined full-text analysis of opinions with voting data, legal metadata, and case structure. The question: does a swing justice still exist?
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.
CNN noted that prominent legal figures like Leonard Leo of the Federalist Society have argued that the criticism is an overreaction to a procedural ruling, not a substantive one. Arkansas Teachers Retirement System making for one case in 2020, two in 2021, two in 2022, and one in 2023 showing no great increase over her time on the Court.
Hull Late last month, the Department of Justice filed a short statement regarding administrativelaw judges (ALJs). For an in-depth review of the history of ALJs and the removal protections enacted by the APA, see Brief of Amicus Curiae Federal AdministrativeLaw Judges Conference 8-20, SEC v. Jarkesy , No.
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.
In a series of recent decisions, federal courts across the United States have addressed a range of significant legal issues, from civil rights and constitutional law to administrative authority and criminal justice. Area of Law: Constitutional Law, Civil Rights, Federal Authority: 25 points.
(Photo by Chip Somodevilla/Getty Images) Supreme Court oral arguments are more than just legal debatestheyre a high-stakes battleground where justices reveal their philosophies, test the strength of arguments, and sometimes, subtly try to persuade their colleagues. She also considers strategic behavior in shaping legal outcomes.
How Trumps Upheaval is Reshaping Your Legal Career By Chere B. Initially, we envisioned a lighthearted discussion on emerging job trends in the legal field where opportunities were growing and how professionals could position themselves for success. Will You Survive? Today, I want to share that message with you.
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. In a 10-5 en banc decision, the Fifth Circuit Court found that “FDA acted arbitrarily and capriciously in rejecting petitioners’ PMTAs.”
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.
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. Last month, the Supreme Court’s holding in Loper Bright Enterprises v.
The US Supreme Court ruled Tuesday in Moore v. The theory stipulates that state legislatures retain exclusive authority over the administration of elections; therefore, state courts are not allowed to intervene, even if the law in question violates the state constitution. Reno and Cooper v.
Second, the majority said nothing about the legal merits of Trump's attempt to restrict birthright citizenship by presidential fiat, which remains just as constitutionally dubious as it always was. citizenship. Trump's order pretty clearly falls into that category.
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.
Ultimately, the SEC will have to anticipate these types of legal challenges in finalizing a durable rule. When the SEC initially proposed the rule, the Supreme Court had not yet embraced the Major Questions Doctrine (MQD), a new doctrine that constrains the function of the administrative state.
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 appeals court expressed particular concern about the FDAs failure to review marketing plans it previously deemed critical and also rejected the FDAs argument that any errors were harmless. Justice Samuel Alito wrote on behalf of the unanimous Court.
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