Remove Administrative Law Remove Immigration Remove Statute
article thumbnail

Immigration, takings, administrative law and the kitchen sink

SCOTUSBlog

(He might have had to answer some more difficult questions, though, since he was even then seeking to regularize his immigration status after entering the United States unlawfully.) citizen for a benefit under state law. The court also has a pair of new administrative law cases, both captioned American Hospital Association v.

article thumbnail

Justice Breyer as administrative law pragmatist

SCOTUSBlog

Orthwein distinguished professor of law at Washington University in St. He is coauthor of a casebook on administrative law and has written many articles on that subject. There has never been any mystery about the jurisprudential premises of Justice Stephen Breyer’s approach to issues of public law. Similarly, in Lucia v.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Court will confront jurisdictional jumble in the case of a transgender woman seeking relief from deportation

SCOTUSBlog

Share The nation’s immigration courts are breaking under the cumulative weight of a byzantine statutory scheme, chronic understaffing, and insurmountable case backlogs. She was detained and subsequently applied for a type of humanitarian relief known as “withholding of removal” under the Immigration & Nationality Act.

article thumbnail

The last grants of October Term 2022?

SCOTUSBlog

1252(a)(2)(D) bars review of an asserted question of law where a noncitizen has challenged the Board of Immigration Appeals’ interpretation of the statutory extreme hardship standard found at 8 U.S.C. relisted after the June 22 conference) Bystron v. Garland , 22-617 Issues : (1) Whether 8 U.S.C.

article thumbnail

Litigation continues over public charge immigration rule

SCOTUSBlog

Last term, the court dismissed as improvidently granted, or “DIG”ed , a case brought by Republican-controlled states challenging the government’s repeal of a Trump-era immigration policy known as the “public charge” rule. The post Litigation continues over public charge immigration rule appeared first on SCOTUSblog.

article thumbnail

The Major Questions Doctrine is a Fundamental Threat to Environmental Protection. Should Congress Respond?

ClimateChange-ClimateLaw

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. Env’t Prot.

Statute 85
article thumbnail

Justices delve into a trio of thorny issues in states’ challenge to federal immigration policy

SCOTUSBlog

Share The Supreme Court heard oral argument on Tuesday in a challenge to a Biden administration policy that prioritizes certain groups of unauthorized immigrants for arrest and deportation. Solicitor General Elizabeth Prelogar, representing the Biden administration, echoed Kagan’s sentiments.