SCOTUSBlog

JULY 30, 2021

Under this system, intervention on the side of a private party requires showing only that the existing parties will inadequately represent the intervenor’s position; however, when intervening on the side of the government, a presumption that the government will adequately represent the intervenor’s position must be overcome.

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SCOTUSBlog

APRIL 22, 2024

The case here involves administrative proceedings under the National Labor Relations Act. Under the statutory framework, the NLRB files an administrative complaint, which launches an agency proceeding before an administrative law judge, whose decision is subject to review by the NLRB and then, in due course, in the federal courts of appeals.

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Court Government Legal Legal 121

SCOTUSBlog

MAY 11, 2022

This week they’re replaced by three new relists, all involving government petitions in one way or another. The question is whether the United States is such a successful litigant that the court will grant review even in cases it doesn’t want the court to review. Federal prisoners raise that issue in pending petitions in Ham v.

Stare Decisis 84

Stare Decisis Administrative Law Statute Government 84

SCOTUSBlog

NOVEMBER 8, 2022

The two cases involve substantively identical statutes that govern challenges to final orders issued by the FTC and the SEC. Several of the justices sounded firmly and irrevocably opposed to the government’s argument that the district courts cannot hear these cases. We don’t have a cease-and-desist order here.

Statute 144

Statute Government Court Litigation 144

Broadcast Law Blog

MAY 6, 2023

In her recent response , Chairwoman Rosenworcel stated that the FCC’s ability to share the requested information was limited because the matter was subject to pending litigation, and because the proposed transaction remains active at the FCC.

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Diligence Government Administrative Law Litigation 99

LawTechnologyToday

SEPTEMBER 7, 2023

Julie founded Standd after over a decade practicing law, mostly as a trial attorney at the U.S. At DOJ, Julie served in the Tax Division, Civil Division, and Federal Programs Branch, where she handled cases raising complex regulatory and administrative law questions in federal trial and appellate courts across the US.

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Legal Legal Diligence Technology 69

ClimateChange-ClimateLaw

APRIL 18, 2024

Incorporating International Climate Change Law to Maintain the ECHR’s Relevance Amid the Climate Crisis “Everything could be different – and yet there is almost nothing I can change.” Neither the Swiss Federal Administration (paras. 22–31) nor the Federal Administrative Court (paras. e.g., Cordella and Others v.

Litigation 65

Litigation Litigating Court Laws 65

SCOTUSBlog

DECEMBER 26, 2023

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. United States 23-310 Issue : Whether the administrative law principles articulated in Kisor v. A list of all petitions we’re watching is available here.

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Legal Legal Attorney Lawyer 102

Constitutional Law Reporter

DECEMBER 14, 2022

Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. The post Justices Consider Making It Easier to Challenge Regulatory Power of Federal Agencies appeared first on Constitutional Law Reporter.

Administrative Law 52

Administrative Law Constitutional Law Statute Court 52

FDA Law Blog

AUGUST 29, 2021

The federal government does its own version of rebranding with each change in administration. As a matter of administrative law, the Brand Memo made good sense from the perspective of FDA-regulated industry, as we described here. Sometimes they do it with great fanfare; sometimes it is done quietly and incrementally.

Attorney 52

Attorney Government Lawyer Lawyers 52

SCOTUSBlog

JANUARY 6, 2023

The technicians in this case had been unionized for 45 years when the Guard, in effect, terminated its collective-bargaining relationship with their union, the American Federation of Government Employees, Local 3970, AFL-CIO. The case begins with a common “union avoidance” narrative. And last year, in Babcock v.

Statute 88

Statute Government Administrative Assistant Laws 88

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. Broadcast Law Blog ).

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Felony Construction Administrative Law Government 88

SCOTUSBlog

JANUARY 14, 2023

Under the INA, a withholding-of-removal applicant must show they are likely to be persecuted in the country to which the government will send them. However, the government can rebut this presumption by showing that the applicant’s life or freedom would not be threatened in the removal country due to their membership in a protected group.

Immigration 82

Immigration Court Government Statute 82

SCOTUSBlog

NOVEMBER 4, 2022

The first case involves Axon Enterprise, an Arizona company that makes police body cameras and other technology products for law enforcement. The government, then, must establish that the structure of appellate review of final agency action implicitly bars preliminary challenges in the district courts.

Statute 114

Statute Court Entertainment Administrative Law 114

ClimateChange-ClimateLaw

JANUARY 22, 2024

In an opinion that is currently under appeal in the Third Circuit, the Middle District court held that, because the federal government has authority to determine transmission system needs and potential solutions, a state cannot deny a siting permit based on its own determination that a project is not needed. FERC Order No.

Court 77

Court Construction Laws Government 77

Broadcast Law Blog

JULY 21, 2022

According to the Press Release announcing his appointment, David Shaw will fill that position after having previously served as an administrative law judge on the International Trade Commission for over 10 years. The CRB is principally charged with rates and distributions for copyrights governed by a “ statutory licenses.”

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Sports Administrative Law Laws Court 92

SCOTUSBlog

NOVEMBER 30, 2023

The justices said not a word about the second challenge, and they made only one offhand comment about the third challenge, when Justice Brett Kavanaugh suggested in passing that the administrative law judges’s appointments won’t pass muster with him. It just can’t take away a person’s right to be heard before his peers.”

Administrative Law 132

Administrative Law Litigation Litigating Laws 132

SCOTUSBlog

JANUARY 20, 2022

Morrissey-Berru , under which employees deemed “ministers” of religious institutions are not covered by various employment and discrimination laws. Federal Trade Commission , 21-86 , involves the manufacturer of the law-enforcement device immortalized in the formerly trademarked phrase, “ Don’t tase me, bro! 10 and Jan. 14 conference).

Court 102

Court Statute Education Administrative Law 102

Intelligize Blog

JULY 9, 2024

We’re talking about the one with the power to upend the regulatory system and the balance of power between the executive and judicial branches of the federal government. 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.,

Court Decisions 109

Court Decisions Court Statute Administrative Law 109

ClimateChange-ClimateLaw

AUGUST 8, 2023

The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023, [1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation. [2] 4] The new corporate climate disclosure bills may well continue that tradition.

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Laws Law School Government Legal 98

SCOTUSBlog

MAY 16, 2022

Cochran , the justices agreed to decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings. The district court dismissed Cochran’s case. The justices also granted review in Jones v.

Court 88

Court Administrative Law Criminal Law Government 88

SCOTUSBlog

JANUARY 24, 2022

The justices granted a petition filed by Axon Enterprise , which makes body cameras for law enforcement. When the Federal Trade Commission raised the prospect of bringing (and subsequently did bring) administrative proceedings because of antitrust concerns, Axon went to federal district court.

Court 89

Court Construction Administrative Law Litigation 89

JonathanTurley

JULY 11, 2023

A House Committee is alleging that the Administration failed to properly reappoint directors at the National Institutes of Health. For reasons the Biden administration has yet to explain, it appears to have ignored the law, according to the House committee. That, too, is not allowed under federal law. Rand Paul (R-Ky.),

Legal 29

Legal Legal Court Rules Laws 29

ClimateChange-ClimateLaw

JUNE 23, 2021

Litigators responded to the Trump administration’s climate deregulation agenda by filing hundreds of lawsuits across the U.S. over the four years of the administration. Climate Litigation in the Age of Trump: Full Term , takes stock of 378 U.S. Climate Litigation in the Age of Trump: Full Term , takes stock of 378 U.S.

Litigation 84

Litigation Litigating Government Administrative Law 84

Patently O

JUNE 17, 2024

Five amicus briefs were recently filed in support of the petitioner, arguing that Supreme Court review is warranted to correct the Federal Circuit’s erroneous decision, arguing that the Federal Circuit’s interpretation of Section 2(b)(2) is flawed and undermines important principles of administrative law.

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Entertainment Construction Work From Home Statute 44

SCOTUSBlog

JANUARY 16, 2024

Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. From health care to finance to environmental pollutants, administrative agencies use highly trained experts to interpret and carry out federal laws.

Stare Decisis 145

Stare Decisis Court Statute Government 145

ClimateChange-ClimateLaw

DECEMBER 11, 2023

This blog post explores how the litigation landscape has developed since the SEC proposed the rule, and discusses the implications of several developing cases and doctrines. Together, these matters suggest a volatile litigation landscape that the SEC will have to navigate thoughtfully as it finalizes and defends the climate disclosure rule.

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Legal Legal Court Statute 62

JonathanTurley

JANUARY 3, 2022

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. Bruen is a virtual heart attack for gun control advocates.

Court 39

Court Litigation Litigating Laws 39

ClimateChange-ClimateLaw

MARCH 13, 2023

Texas Attorney General Ken Paxton has openly stated that the purpose of this litigation is to protect the fossil fuel industry , and the only representatives of the automotive industry in the case have entered to defend EPA’s new standards. Last year, local governments in the U.S. The brief emphasized the threat that U.S. EPA , 142 S.

Manufacturing 55

Manufacturing Government Court Administrative Law 55

ClimateChange-ClimateLaw

JULY 2, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. An analysis of the case by Sabin Center Senior Fellow Jennifer Danis is available on the Climate Law Blog. and non-U.S.

Court 45

Court Statute Litigation Litigating 45

SCOTUSBlog

OCTOBER 7, 2022

In a concurring opinion, Chief Justice John Roberts noted that the court’s DIG did not reflect “the appropriate resolution of other litigation, pending or future, related to” the rule. This week, we highlight cert petitions that ask the court to consider, among other things, the ongoing public charge litigation. Cook County, Illinois.

Immigration 91

Immigration Litigation Litigating Administrative Law 91

LettersBlogatory

JANUARY 17, 2022

But on the other hand, the rule unified the procedure in law and equity. Historically, there were separate systems of courts for the common law (common pleas, the king’s bench) and equity (chancery), which still exists in some states. I’m not saying out loud that the merger of law and equity was a bad idea.

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Government Court Laws Law School 59

SCOTUSBlog

JUNE 15, 2022

Because the Biden administration decided to stop defending the rule, it dismissed a challenge to the rule that had been pending in the Supreme Court in 2021. In February, the Biden administration formally proposed a replacement rule.

Immigration 98

Immigration Government Administrative Law Court 98

SCOTUSBlog

JULY 21, 2022

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. immigration policy generally, describing a “corrosive disrespect” by DHS for the rule of law and characterizing the U.S.-Mexico

Immigration 145

Immigration Court Government Court Rules 145

SCOTUSBlog

FEBRUARY 1, 2022

Her father then went to law school, eventually becoming the chief attorney for the Miami-Dade County School Board. Her mother became an administrator and served as the principal at a public magnet school for 14 years. She spent the year between college and law school as a reporter and researcher at Time magazine in New York.

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Law School Court Law Firm Law Firms 145

ClimateChange-ClimateLaw

OCTOBER 19, 2023

The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in West Virginia v. The challenge of meeting changing conditions in administrative law is known as the pacing problem: scientific and technological developments will nearly always outstrip the pace of government oversight.

Statute 81

Statute Court Government Administrative Law 81

SCOTUSBlog

FEBRUARY 23, 2022

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.

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Immigration Court Administrative Law Government 98