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. T]hat’s the issue. That’s the result. The Seventh Amendment is no bar.”

Administrative Law 119

Administrative Law Litigation Litigating Laws 119

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 82

Stare Decisis Administrative Law Statute Government 82

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.

Court 109

Court Government Legal Legal 109

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.

Diligence 99

Diligence Government Administrative Law Litigation 99

SCOTUSBlog

JUNE 28, 2024

But in the years since then, it became one of the most important rulings on federal administrative law, cited by federal courts more than 18,000 times. Going forward, judges will be charged with interpreting the law faithfully, impartially, and independently, without deference to the government.

Court 145

Court Statute Cause of Action Legal 145

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 81

Immigration Court Government Statute 81

SCOTUSBlog

NOVEMBER 4, 2022

It sued in a federal district court, arguing that the FTC’s proceedings are unconstitutional both because the method of appointing ALJs (administrative law judges) violates the Constitution’s appointments clause and because the combination of investigatory, prosecutorial, and adjudicatory functions offends the due process clause.

Statute 103

Statute Entertainment Court Administrative Law 103

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.

Felony 88

Felony Construction Administrative Law Government 88

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.

Legal 69

Legal Legal Diligence Technology 69

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. 29 Subsections 3 and 4).

Legal 83

Legal Legal Laws Government 83

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.

Legal 72

Legal Legal Attorney Lawyer 72

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.

Statute 81

Statute Government Administrative Assistant Laws 81

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 Lawyers Lawyer 52

ClimateChange-ClimateLaw

APRIL 18, 2024

C ategorical differences between KlimaSeniorinnen and Court’s existing environmental case law ‘KlimaSeniorinnen’ had thus exhausted all domestic remedies. This indicates that not only democracy but also litigation to compel governments to reduce GHG emissions is fraught with obstacles. 657), the “tailored approach” (para.

Litigation 72

Litigation Litigating Court Laws 72

FDA Law Blog

MARCH 6, 2025

Hull Late last month, the Department of Justice filed a short statement regarding administrative law judges (ALJs). The letter stated that the Department had already taken this position in ongoing litigation, referencing a pending case before the U.S. Court of Appeals for the Third Circuit, Axalta Coating Systems LLC v.

Administrative Law 105

Administrative Law Laws Litigation Litigating 105

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 Supreme Court heard oral arguments in five cases last week. Axon Enterprise, Inc.

Administrative Law 52

Administrative Law Constitutional Law Statute Court 52

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 83

Court Construction Laws Government 83

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.”

Sports 92

Sports Administrative Law Laws Court 92

SCOTUSBlog

JANUARY 20, 2022

” After Axon Enterprise acquired a competitor, it found itself subjected to antitrust review by the Federal Trade Commission. The company faced a series of demands from the FTC it viewed as unreasonable. rescheduled before the Nov. 10 and Jan. 7 conferences; relisted after the Jan. 14 conference). relisted after the Jan. 14 conferences).

Statute 99

Statute Court Education Administrative Law 99

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] Jody Freeman, “The Private Role in Public Governance,” 75 N.Y.U.

Laws 98

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 justices also granted review in Jones v.

Court 87

Court Administrative Law Criminal Law Government 87

SCOTUSBlog

JANUARY 24, 2022

It argued, among other things, that the administrative proceedings violated its right to due process because the agency plays multiple roles in the proceedings, serving as the prosecutor, the judge, and the jury. The couple returned to the court last fall, asking the justices to revisit their 2006 decision in Rapanos v.

Court 87

Court Construction Administrative Law Litigation 87

JonathanTurley

JULY 11, 2023

In one case involving challenged administrative law judges in 2018, the Supreme Court ruled in Lucia v. Securities & Exchange Commission that past litigants were entitled to decisions from properly appointed judges. He left public service with the highest salary in the federal government, at $480,654.

Legal 45

Legal Legal Court Rules Government 45

SCOTUSBlog

JANUARY 20, 2025

The FDA points to the laws use of the phrase adversely affected to describe who can file a petition for review of the FDAs denial of a marketing application. But if they dont do that, RJR Vapor and the retailers continue, the Supreme Court should uphold the 5th Circuits ruling. This article was originally published at Howe on the Court.

Manufacturing 79

Manufacturing Court Laws Administrative Law 79

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.

Entertainment 45

Entertainment Construction Work From Home Statute 45

SCOTUSBlog

JANUARY 16, 2024

In an article published in 2014, law professor Thomas Merrill suggested that the Chevron decision was not regarded as a particularly consequential one when it was issued. But in the decades since then, it became one of the most significant rulings on federal administrative law, cited by federal courts more than 18,000 times.

Stare Decisis 141

Stare Decisis Court Statute Government 141

JURIST

MARCH 8, 2025

By issuing a blanket pause on agencies disbursement of funds to the plaintiff states, he wrote, the executive branch put itself above Congress and undermined a foundational principle of US governance. New York Attorney General Letitia James, a key figure in the litigation, welcomed the courts order on Thursday.

Government 197

Government Immigration Attorney Education 197

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. Natural Resources Defense Council Inc. If so, AHA v.

Court 59

Court Litigation Litigating Laws 59

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 59

Manufacturing Government Court Administrative Law 59

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 Change Litigation Database. By Korey Silverman-Roati.

Litigating 87

Litigating Litigation Government Administrative Law 87

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.

Legal 69

Legal Legal Court Statute 69

Above The Law

JANUARY 24, 2025

This aligns with a judicial preference for limiting the scope of civil rights suits against government officials. 101, which governs patentable subject matter. The Administrative Law Judge (ALJ) concluded that she could perform medium work, despite her subjective complaints and medical evidence suggesting limitations.

Contract 52

Contract Court Prima Facie Case Laws 52

Above The Law

MARCH 7, 2025

” She also pressed counsel to distinguish between different types of harms and resources diverted by organizations in a way that might affect their standing in litigation. As the Court weighs these decisions, their approaches could shape not only the outcomes of these cases but the broader trajectory of constitutional law.

Constitutional Law 77

Constitutional Law Laws Statute Legal 77

LettersBlogatory

JANUARY 17, 2022

the NFIB case was a challenge to the Occupational Health and Safety Administration’s national vaccine mandate for large employers, while the Boston Police case was a challenge by public employee unions to Mayor Michelle Wu’s new policy of requiring vaccines as a condition of public employment.

Government 45

Government Court Laws Law School 45

ClimateChange-ClimateLaw

FEBRUARY 4, 2025

climate litigation database documents two facial challenges to the first Trump administrations EO 13771. With respect to the V2V rule, the court found that the government had plausibly disputed the plaintiffs contention that the EO caused the rules delay. Climate Litigation Database. The Sabin Centers U.S.

Statute 59

Statute Litigation Litigating Court 59

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 67

Immigration Litigating Litigation Administrative Law 67