JURIST

FEBRUARY 25, 2021

The US Supreme Court heard arguments in the consolidated cases Wilkinson v. The government argued that the agency handling asylum cases determined that evidence that did not speak to the credibility of the asylum seekers’ claims undermined their persuasiveness. Administrative law generally was also featured during the arguments.

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SCOTUSBlog

APRIL 2, 2022

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. New Jersey.

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SCOTUSBlog

JUNE 28, 2024

Share In a major ruling, the Supreme Court on Friday cut back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their own interpretion of ambiguous laws. Court of Appeals for the District of Columbia Circuit.)

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SCOTUSBlog

APRIL 22, 2024

Share Union organizing efforts at Starbucks probably are the most protracted labor dispute of the decade, and on Tuesday the Supreme Court will hear argument in a closely watched case arising from the company’s firing of seven employees at a Memphis branch. The NLRB responded by filing an administrative complaint.

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SCOTUSBlog

JUNE 1, 2021

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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SCOTUSBlog

APRIL 22, 2021

Share The Supreme Court on Thursday ruled against the federal government and in favor of people seeking Social Security benefits on a procedural issue about administrative “exhaustion” requirements. The court ruled 9-0 that claimants need not raise all of their specific issues before the agency.

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Patently O

APRIL 1, 2022

Government employees are not available to accept private clients or to represent clients other than their agency before the United States Patent and Trademark Office.” District Court who denied his motion for a preliminary injunction. Of course, this type of notice only carries weight if it is also supported by law.

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SCOTUSBlog

JUNE 6, 2022

Justice Sonia Sotomayor’s brief opinion for the court treated the case as a simple one. First, she addressed the government’s argument that the relevant law is an administrative law not subject to the Constitution’s bankruptcy clause. Sotomayor closed her opinion by declining to define the proper remedy.

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Law 360

MARCH 4, 2022

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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Patently O

JULY 24, 2024

Latty Distinguished Professor of Law and Co-Director, Center for Innovation Policy at Duke Law In a flurry of recent decisions, the Supreme Court has continued its skepticism of administrative agencies. Consider first stare decisis and the Court’s overruling of Chevron deference (i.e. Guest post by Arti K.

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SCOTUSBlog

APRIL 23, 2021

Share The Supreme Court on Thursday firmly rejected the government’s request that the court impose an “issue-exhaustion” requirement on Social Security claimants. Saul ), all parties agreed that those claimants must take their claims first to the Social Security Administration – and these claimants did that.

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JURIST

JULY 18, 2023

This decision came as part of the attempted judicial reform that the current coalition government has been trying to pass. It sparked mass protests in January , due to fears that the proposed bills will limit judicial oversight of government decisions and weaken judicial independence.

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Law 360

OCTOBER 6, 2024

Supreme Court will hear several cases in its October 2024 Term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons.

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SCOTUSBlog

JANUARY 14, 2023

Share The nation’s immigration courts are breaking under the cumulative weight of a byzantine statutory scheme, chronic understaffing, and insurmountable case backlogs. Garland , which the Supreme Court will hear on Tuesday. Against this rather bleak backdrop comes the low-profile case of Santos-Zacaria v.

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SCOTUSBlog

NOVEMBER 29, 2021

Becerra , a sleeper of a case involving billions of dollars in federal spending and a chance to reshape two doctrines at the heart of administrative law. Drugs, money, and the law: Sounds sexy, right? The upshot was that hospitals were buying highly discounted drugs and then charging the federal government full price.

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Gravel2Gavel

JUNE 22, 2021

environmental and administrative law cases recently decided. SUPREME COURT. However, because they sometimes wield enormous decisional power, several cases have been filed regarding the constitutionality of ALJs in many governments including the SEC and the Social Security Administration. Continue Reading ›.

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Law 360

AUGUST 9, 2022

Congress never intended federal district courts to hear constitutional challenges to administrative law proceedings like those before the U.S. Securities and Exchange Commission and the Federal Trade Commission, and allowing those courts to do so would be a waste of judicial resources, government attorneys told the U.S.

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SCOTUSBlog

MAY 11, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. This week they’re replaced by three new relists, all involving government petitions in one way or another. Our first relist this week is the government’s petition in Securities and Exchange Commission v.

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SCOTUSBlog

JULY 30, 2021

Court of Appeals for the 1st Circuit and several other circuits have developed a two-tier system for reviewing such motions. The changes sparked court challenges almost immediately. Some circuits apply similar, yet weaker, versions of this presumption, and some circuits have rejected it altogether.

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SCOTUSBlog

NOVEMBER 7, 2022

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. The court will consider whether to overrule a line of precedent and to hold that private individuals cannot use 42 U.S.C. The district court dismissed the action, but the U.S. of Marion County v.

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SCOTUSBlog

NOVEMBER 8, 2022

The two cases involve substantively identical statutes that govern challenges to final orders issued by the FTC and the SEC. In each case, the statutes provide that the sole method for challenging those orders is a petition for review in the court of appeals. For him, the general grant of district court jurisdiction in 28 U.S.C.

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SCOTUSBlog

NOVEMBER 30, 2023

Jarkesy was oddly distant from the decision of the lower court and the briefs and arguments of the parties. Court of Appeals for the 5th Circuit – vigorously defended by George Jarkesy, the target of long-running SEC proceedings – accepted three separate constitutional challenges to the SEC’s apparatus. The decision of the U.S.

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ClimateChange-ClimateLaw

JANUARY 22, 2024

But a Middle District of Pennsylvania court recently established one key limit on states’ authority to block new transmission lines through the siting process. District Court for the Middle District of Pennsylvania issued a decision on December 6, 2023 in Transource Pa. District Court for the Middle District of Pennsylvania.

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FDA Law Blog

JANUARY 15, 2024

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.

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SCOTUSBlog

MARCH 30, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The likeliest grant out of last week’s relists got the nod: The Supreme Court will decide in Acheson Hotels, LLC v. The court denied review to five-time relist Donziger v. Court of Appeals for the D.C.

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SCOTUSBlog

NOVEMBER 4, 2022

Cochran present a frontal assault on the traditional framework under which federal courts have entertained complaints about federal agencies. The first case involves Axon Enterprise, an Arizona company that makes police body cameras and other technology products for law enforcement. SEC that the ALJ’s appointment was unlawful.

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LexForti

JULY 30, 2021

In the paper, the author dwells upon the enforceability of the administrative direction in the Indian courts. Administrative directions have remained an important tool in the hands of the executive to fill up the gaps present in the law. The Supreme Court in the case of P.H. Paul Manoj Pandian v.

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Patently O

JULY 10, 2022

205: [Federal employees may not] act as agent or attorney for anyone before any department, agency, court, court martial, officer, or civil, military, or naval commission in connection with any covered matter in which the United States is a party or has a direct and substantial interest.”. The key rule: 18 U.S.C. § EPA , 202 F.3d

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SCOTUSBlog

APRIL 18, 2022

George’s petition asserted that the board’s 1977 decision had rested on a “clear and unmistakable error” because the board had failed to correctly apply the “presumption of sound condition” required by a different provision of the statute governing veterans’ benefits.

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SCOTUSBlog

DECEMBER 26, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. If a government official punishes someone because of their pure speech, that person may have a strong case to sue for retaliation in violation of their constitutional rights. In a divided ruling, the U.S. In Molina v.

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Broadcast Law Blog

MAY 6, 2023

The Chairwoman also stated that “many of the questions contained in your letter are addressed in either the Hearing Designation Order issued in this case or the Commission’s Opposition to Petition for Writ of Mandamus filed recently with the Court of Appeals for the D.C. Circuit,” both of which are publicly available documents.

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Customs & International Trade Law

JULY 2, 2024

In a major ruling, the Supreme Court overturned their decision in Chevron v. Natural Resources Defense Council that gave federal agencies great leeway in interpretation of laws. What is Chevron Deference In 1984, the Supreme Court decided Chevron v. What is Chevron Deference In 1984, the Supreme Court decided Chevron v.

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ClimateChange-ClimateLaw

JUNE 21, 2023

The climate litigation that finally reached the courts in the mid-2010s was many years in the making. The first wave of climate cases In early 2017, the High Court in Pretoria handed down a judgment in the country’s first climate case: Earthlife Africa Johannesburg v Minister of Environmental Affairs (also known as the “Thabametsi judgment”).

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SCOTUSBlog

JANUARY 6, 2023

Federal Labor Relations Authority , which the Supreme Court will hear on Monday, involves the collective-bargaining rights of “dual status” military technicians who work in the Ohio National Guard. Court of Appeals for the 6th Circuit upheld these determinations, and the Guard sought review at the Supreme Court.

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JonathanTurley

JUNE 12, 2022

The NLRB quickly dismissed objections about compelled speech by the company if the government were to order the company to allow such political and social expression in the workplace. The Supreme Court has pushed back on federal agencies trying to regulate speech. of State, County, and Mun. Employees, Council 31 (2018).

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ClimateChange-ClimateLaw

NOVEMBER 12, 2023

For example, Law 1931 of 2018 establishes clear rules that govern public and private entities’ actions regarding climate change, as well as the cooperation between national, regional and local authorities in implementing climate change adaptation measures and GHG emissions’ mitigation action.

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Broadcast Law Blog

MARCH 27, 2022

See our post on the Broadcast Law Blog for more information, and read the audit letter setting out all the requirements for the audit response and the list of audited stations, here. A felony conviction involving lying to another government agency will normally trigger such a review.

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