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In back-to-back cases, justices will scrutinize traditional limits on challenges to agency proceedings

SCOTUSBlog

It sued in a federal district court, arguing that the FTC’s proceedings are unconstitutional both because the method of appointing ALJs (administrative law judges) violates the Constitution’s appointments clause and because the combination of investigatory, prosecutorial, and adjudicatory functions offends the due process clause.

Statute 115
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Becerra’s Blunder: Did the Administration Allow Fauci and other Officials to Operate Illegally?

JonathanTurley

In one case involving challenged administrative law judges in 2018, the Supreme Court ruled in Lucia v. Securities & Exchange Commission that past litigants were entitled to decisions from properly appointed judges. This could not come at a worse time for the administration.

Legal 29
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Tick, Tick, Tick…: The Supreme Court Readies an Explosive Docket for 2022

JonathanTurley

After Dobbs was accepted, advocates sought to enjoin a Texas law that banned abortion after just six weeks. The court ruled 5-4 to allow the Texas law to be enforced. The Biden administration and other litigants then forced a reconsideration of that decision. Natural Resources Defense Council Inc.

Court 39
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Divided court declines to reinstate Biden’s immigration guidelines, sets case for argument this fall

SCOTUSBlog

The justices will hear the case in late November without waiting for a federal appeals court to weigh in. The justices left in place a district-court ruling striking down the policy, which means that the Biden administration cannot implement it while it waits for the Supreme Court to hear argument and issue a decision.

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Profile of a potential nominee: Ketanji Brown Jackson

SCOTUSBlog

Court of Appeals for the 1st Circuit by President Ronald Reagan, from 1997 to 1998. Jackson then snagged a highly sought-after spot as an associate at Miller Cassidy Larroca & Lewin, a Washington litigation boutique that later merged with Baker Botts, a Texas-based firm. But in Boy Scouts of America v. On appeal, the D.C.

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Justices probe states’ effort to defend Trump immigration rule after Biden stopped defending it in court

SCOTUSBlog

The 2019 rule at the center of the case broadened the definition of “public charge,” a term in immigration law for people who are ineligible for a green card if the government believes that they are likely to rely too heavily on government aid. alleging that the repeal of the law violated federal administrative law.