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Justices' Climate Ruling May Transform Administrative Law

Law 360

Supreme Court in West Virginia v. Environmental Protection Agency has shed light on how the court's decision could significantly limit the federal government's efforts to address climate change, and reshape administrative law and the separation of powers, say Matthew Sinkman and Andrew Alessandro at Gibbons.

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Justices' SEC Ruling Unlikely To Bear On Immigration Actions

Law 360

Supreme Court's decision reining in the U.S. Securities and Exchange Commission's use of administrative courts is unlikely to help Walmart and SpaceX escape proceedings for alleged immigration-related violations, with the justices punting on the authority of administrative law judges.

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DACA program illegal under administrative law, US appeals court says

JURIST

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 court decision last year. The court further remanded the case back to a lower court for review of a Biden Administration regulation.

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Supreme Court Decision Raises Big Questions About SEC’s Authority

Intelligize Blog

Have you heard about the big Supreme Court decision that came down a couple weeks ago? For roughly 40 years, administrative law 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.

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Justices unanimously rule against asylum seekers on question of credibility

SCOTUSBlog

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.

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Supreme Court Greenlights Pre-enforcement Challenges to FTC and SEC Proceedings

Constitutional Law Reporter

Supreme Court’s decision 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.

Court 52
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The Most Engaging Decision You’ll Read All Year – Five Stars

FDA Law Blog

Koblitz — You know a court decision 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.