Administrative Law Government Litigating Statute 
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. However, the U.S.
SCOTUSBlog
JUNE 28, 2024
Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency’s interpretation of the statute as long as it was reasonable. Under the APA,” Roberts concluded, “it thus remains the responsibility of the court to decide whether the law means what the agency says.”
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SCOTUSBlog
APRIL 23, 2021
In this case, for example, the claimants in agency proceedings from 2013 to 2015 did not know that a 2018 decision of the Supreme Court would invalidate the SSA’s process for appointing administrative law judges, and so they did not complain about that process before the agency.
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. Those are the two statutes we have. Again, what am I missing?
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.
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 Trade Commission.
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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