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The US Supreme Court on Monday heard oral arguments in a case where the Food and Drug Administration (FDA) refused to approve flavored e-cigarettes, citing public health concerns. The justices were skeptical of the vape companies’ argument and the lower court’s decision. The result remains to be seen.
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.
Supreme Court'sdecision reining in the U.S. Securities and Exchange Commission's use of administrativecourts is unlikely to help Walmart and SpaceX escape proceedings for alleged immigration-related violations, with the justices punting on the authority of administrativelaw judges.
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. Petitioners moved to stay their Marketing Denial Orders pending review in Court. Though a Fifth Circuit merits panel refused, the Court granted rehearing.
The NFT will have to pass the Howey test, first described by the US Supreme Court in 1946. That is, of course, the SEC’s view (and not the Courts), but it no doubt sends alarms to those who think the Commission will turn a blind eye. Julian Pipolo is an Australasian lawyer working at a top-tier firm predominantly in administrativelaw.
Supreme Court’sdecision in Axon Enterprise, Inc. Federal Trade Commission , 598 U.S. _ (2023), allows federal district courts to consider constitutional challenges to administrative proceedings prior to the issuance of final rulings. Cochran’s and Axon’s suits were both dismissed for lack of jurisdiction.
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. However, if the statutory language is ambiguous, the court turns to step two. In 2020, the U.S.
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 court further remanded the case back to a lower court for review of a Biden Administration regulation.
Hull Late last month, the Department of Justice filed a short statement regarding administrativelaw judges (ALJs). In accordance with Supreme Court precedent, the Department is restoring constitutional accountability so that Executive Branch officials answer to the President and to the people. Jarkesy , No. 22-859 (Sept.
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. This policy, announced by then Associate Attorney General Rachel Brand in 2018 was referred to as the Brand Memo.
Have you heard about the big Supreme Courtdecision that came down a couple weeks ago? For roughly 40 years, administrativelaw in the United States has adhered to the Chevron doctrine, so named for the Supreme Court’s ruling in Chevron U.S.A., No, not the one about Presidential immunity.
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.
Share The Supreme Court on Monday added two new cases , both involving the jurisdiction of federal district courts, to the merits docket for the 2022-23 term. An administrativelaw judge agreed that Cochran had violated federal law, fined her over $20,000, and banned her from practicing before the SEC for five years.
Share The Supreme Court will kick off its November argument session with the highest-profile cases of that session: challenges to the consideration of race in the admissions process at Harvard and the University of North Carolina. The court moved Mallory v. This article was originally published at Howe on the Court. 11, to Nov.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Cochran , the justices will decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrativelaw proceedings.
Share The Supreme Court will hear oral arguments on Tuesday in a clash over whether a North Carolina-based company can challenge the Food and Drug Administrations denial of its application to market e-cigarettes in the conservative U.S. Court of Appeals for the 5th Circuit, based in Louisiana. The company, R.J.
Supreme Court declined to hold, in FTC v. Supreme Courtsdecision in SEC v. The bill adopts the very AdministrativeLaw Judge process that the U.S. The bill adopts the very AdministrativeLaw Judge process that the U.S. Supreme Court in Jarkesy found unconstitutional. Actavis, Inc.,
Supreme Court declined to hold, in FTC v. Supreme Courtsdecision in SEC v. The bill allows the FTC to proceed before an AdministrativeLaw Judge, a process that implicates both the separation of powers and the Seventh Amendment. Supreme Court reemphasized that the Seventh Amendment to the U.S. Actavis, Inc.,
Share The Supreme Court on Wednesday threw out an effort by Arizona and 12 other states with Republican attorneys general to defend a contentious Trump-era immigration policy known as the “public charge” rule after the Biden administration refused to do so. The states went to the U.S.
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. DEA , where the court upheld the DEAs denial of psilocybin use under the Controlled Substances Act.
When looking at the judges appointed by both presidents, it is clear that their circuit court appointees show distinct patterns in terms of gender, race, and geographic representation. Court of Appeals circuits, including the Ninth, Fifth, and Seventh Circuits. The average vote differential for Trumps circuit court judges was 23.2.
(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. One clear distinction is in their total engagement at oral argument.
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. In the Supreme Court’s recent decision Biden v. While the decision has been appealed , a federal district court in Utah v.
[link] — Elon Musk (@elonmusk) February 9, 2025 Somehow “A corrupt judge protecting corruption” — a message with almost 190,000 likes — is not about the Supreme Court’s refusing to enact ANY enforceable ethics code while members gobble up under-the-table luxury gifts from the rich. What a time to be alive!
(Photo by Samuel Corum/Getty Images) Supreme Court Justice Amy Coney Barrett, once celebrated as a stalwart conservative and a crowning achievement of the Trump presidency, now finds herself under fire from the very base that championed her confirmation. Her recent vote in Department of State v. Lets unpack the data.
Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. The federal district court for the Western District of Louisiana issued a nationwide preliminary injunction barring the Biden administration from implementing a “Pause” on new oil and natural gas leases on public lands or in offshore waters.
Share The Supreme Court will hear oral arguments on Thursday in what is shaping up to be the biggest election case since its ruling nearly 25 years ago in Bush v. Although the question comes to the court in a case from Colorado, the impact of the court’s ruling could be much more far-reaching. 6, 2021, attacks on the U.S.
Legal teams are navigating shifting regulatory landscapes, interpreting new policies, and mitigating liability risks to ensure corporate adherence to new laws. Judicial Appointments A significant reshaping of the judiciary, particularly to the Supreme Court and federal appellate courts, has reshaped the judiciary.
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