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US Supreme Court strikes down Chevron Deference, requiring courts not defer to agency assessments of their mandates

JURIST

The US Supreme Court ruled on Friday that courts must exercise independent judgment in assessing an agency’s statutory authority. The Supreme Court did not decide on the facts of Loper. The Loper court disagreed, finding that “ Chevron was a judicial invention that required judges to disregard their statutory duties.”

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A few initial thoughts on Loper and the end of Chevron Deference

Patently O

In the past, both the USPTO and patent attorneys have largely ignored the larger scope of administrative law, but in recent years USPTO operations have been under tighter control from the White House, and courts have increasingly asked whether the agency is following the rules. for Intell. Raimondo , 603 U.S. 837 (1984).

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In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause

SCOTUSBlog

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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Justice Breyer: A pragmatic moderate

SCOTUSBlog

Brent Newton is a visiting professor of law at Penn State-Dickinson School of Law. He previously taught seminars on Breyer’s jurisprudence at American University Washington College of Law. Two spectrums exist among Supreme Court justices, particularly those who have served since the New Deal ushered in the modern America.

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Challenges to administrative action and retroactive relief for prisoners

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The United States is easily the most successful petitioner before the Supreme Court, winning review in over 70% of the cases in which it files a cert petition. Court of Appeals for the 9th Circuit affirmed.

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Justices to consider scope of “clear and unmistakable error” review of Veterans Affairs decisions

SCOTUSBlog

Court of Appeals for the Federal Circuit reached the same conclusion a year later, holding that “the government must show … both a preexisting condition and a lack of in-service aggravation to overcome the presumption of soundness.” In particular, George points to House and Senate committee reports that endorse case law from the U.S.

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Allegations of racial bias in a death penalty trial

SCOTUSBlog

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 administrative law proceedings.