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“Ken Paxton names administrativelaw expert with conservative bona fides Texas’ solicitor general; Aaron Nielson will take a one-year leave of absence from BYU’s law school to lead the influential unit within the attorney general’s office”: Eleanor Klibanoff of The Texas Tribune has this report.
The JAA would extend the same basic workplace protections that apply to most other workers, to judiciary employees who support the daily functioning of our courts; and it would ensure that judges who interpret federal anti-discrimination laws, are themselves subject to them. Our first bold initiative?
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.
Here is a recap of the latest customs and international trade law news: Office of U.S. An Air and Marine Operations helicopter, Texas Department of Public Safety, and the La Joya Police Department assisted with the pursuit, until the vehicle drove through a fence in Palmview and came to a stop. Trade Representative .
On our Broadcast Law Blog, we wrote last week about the FCC’s current role in regulating the Internet ( Blog Post ). The Media Bureau deleted FM channels at Millerton, Oklahoma; Powers, Oregon; Mount Enterprise, Texas; Paint Rock, Texas; Hardwick, Vermont; and Meeteetse, Wyoming.
Texas 23-248 Issue : Whether the Texas Court of Criminal Appeals’ decision that James Broadnax failed to establish a prima facie equal protection claim conflicts with this court’s decision in Batson v. United States 23-310 Issue : Whether the administrativelaw principles articulated in Kisor v. Broadnax v. Ratzloff v.
As we wrote on our Broadcast Law Blog , the FCC started its 2022 Quadrennial Review in December despite not having concluded its 2018 review. In a similar case, the Media Bureau affirmed the grant of an application for a new NCE FM construction permit at Central Gardens, Texas and dismissed three mutually exclusive applications.
The Court’s Chevron decision established a bedrock principle of administrativelaw. Texas : The Fifth Amendment government taking case involves when property owners can sue for compensation. The post SCOTUS Poised to Decide Fate of Chevron Doctrine appeared first on Constitutional Law Reporter. 837 (1984).
Here is a recap of the latest customs and international trade law news: Customs and Border Protection (CBP). currency reporting laws. . District Court for the Western District of Texas, Claudia Delgadillo (‘‘Delgadillo’’) was convicted of violating 18 U.S.C. United States Department of State (DOS).
District Court for the District of Texas on Zarzamora Healthcare LLC for repeatedly dispensing opioids and other controlled substances “by filling prescriptions while ignoring red flags.” The Government alleged that Coconut Grove violated numerous federal and state controlled substance laws. 823(g)(1). 21 U.S.C. § 823(g)(1)(B), (D).
When Patel later sought to adjust his status to lawful permanent resident and obtain a green card, a divided panel of the Board of Immigration Appeals denied him relief, holding that he is inadmissible because he “falsely represented” himself as a U.S. citizen for a benefit under state law. City of Austin, Texas v. In Berisha v.
Both cases arise in the context of administrative proceedings brought by independent enforcement agencies against regulated parties — Axon by the Federal Trade Commission, and Cochran by the Securities and Exchange Commission. Texas , 21-6001. relisted after the April 29 conference). Returning Relists.
The FCC released a Notice of Proposed Rulemaking (“NPRM”) to implement the Low Power Protection Act (“LPPA”), which was signed into law by President Biden on January 5, 2023. On our Broadcast Law Blog, we highlighted the upcoming regulatory dates and deadlines for broadcasters in April.
Cochran , the justices agreed to decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrativelaw proceedings. Cochran went instead to a federal district court in Texas, seeking to block the administrative proceedings before the new ALJ.
Although they are the highest-profile cases on the November argument calendar, the justices will also hear oral argument in important cases involving (among other things) the power of federal district courts and the constitutionality of a federal law designed to protect against the separation of Native American families. Brackeen , Texas v.
Cochran , the justices will decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrativelaw proceedings. Texas , 21-6001. Issues : (1) Whether, on remand, the Texas court rejected the Supreme Court’s conclusions in Andrus v.
Morrissey-Berru , under which employees deemed “ministers” of religious institutions are not covered by various employment and discrimination laws. Next up is Texas v. Federal Trade Commission , 21-86 , involves the manufacturer of the law-enforcement device immortalized in the formerly trademarked phrase, “ Don’t tase me, bro!
This is a brief account of some of the important environmental and administrativelaw cases recently decided. A notice of a final action by the United States Environmental Protection Agency (EPA) to approve the State of Texas “partial” coal combustion residual state permit program was published in the June 28 Federal Register.
New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrativelaw, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. By Jason Rantanen. Pre-AIAPatents ).
A state court in Texas entered a restraining order against the defendant in the case, Zackey Rahimi, in early 2020. Kansas City Board of Police Commissioners , 22-556 Issues : (1) Whether qualified immunity insulates a law enforcement officer from liability under 42 U.S.C. That last case, United States v. Louis, Mo. ,
Here is a recap of the latest customs and international trade law news: Customs and Border Protection (CBP). DOC , through the Office of Trade and Economic Analysis (‘‘OTEA’’) of the International Trade Administration, has received an application for an amended Export Trade Certificate of Review (‘‘Certificate’’). .
The same law is at the center of Environmental Protection Agency v. The Supreme Court recently invalidated a removal restriction for an agency headed by a single official in Seila Law LLC v. The Bruen test, the state court added, was “fuzzy,” “backward-looking,” and “unravels durable law.” Calumet Shreveport Refining, L.L.C.
Here is a recap of the latest customs and international trade law news: Customs and Border Protection (CBP). USITC has determined not to review two initial determinations (‘‘IDs’’) of the presiding administrativelaw judge (‘‘ALJ’’): (1) Order No. of Houston, Texas. . The investigation is terminated. .
” US District Court for the Southern District of Texas Judge Drew Tipton said in his opinion that enforcing the memo is “arbitrary and capricious.” ” The opinion continues to state that the memo violates “a foundational principle of administrativelaw.”
Reynolds Vapor Company, joined a lawsuit by retailers based in Texas and Mississippi two states covered by the 5th Circuit. If the lower courts decision allowing RJR Vapors case to go forward stands, the FDA says, other manufacturers will also try to get around the restrictions that federal law imposes on where such challenges can be filed.
After Dobbs was accepted, advocates sought to enjoin a Texaslaw that banned abortion after just six weeks. The court ruled 5-4 to allow the Texaslaw to be enforced. The Biden administration and other litigants then forced a reconsideration of that decision. Gun rights. Agency deference. Chevron USA Inc.
Share The Supreme Court will hear oral argument on Tuesday in a dispute over the Biden administration’s authority to set immigration policy. Texas and Louisiana are challenging a federal policy that prioritizes certain groups of unauthorized immigrants for arrest and deportation, arguing that it violates federal law.
Koblitz & JP Ellison — Back in July, the United States Supreme Court turned the world of administrativelaw on its head, adding new layers of judicial oversight to what might have previously been thought of as fairly non-descript Federal agency functions. Of course, Loper Bright wasn’t the only blockbuster admin law case this year.
Share The Supreme Court will again weigh the executive branch’s authority to set immigration policy as some red states claim that the Biden administration’s enforcement decisions are too lax. Texas and Louisiana went to federal court in Texas to challenge the policy. The Supreme Court’s recent decision in Garland v.
Under federal law, immigration officials may not admit someone to the United States if they deem that person likely to become a public charge, or dependent on government benefits. In 2018, the Trump administration issued a rule that expanded the qualifying benefits to include Medicaid, food stamps and housing assistance. In Texas v.
The Scramble to Identify Major Questions in AdministrativeLaw In its June 2022 decision in West Virginia v. The challenge of meeting changing conditions in administrativelaw is known as the pacing problem: scientific and technological developments will nearly always outstrip the pace of government oversight. Env’t Prot.
Share The Supreme Court on Monday allowed a federal law intended to standardize anti-doping and safety regulations in horse racing to remain in place while a challenge to that law plays out. Court of Appeals for the 5th Circuit, based in New Orleans, ruled in July that key parts of the law are unconstitutional.
The Biden administration seeks a declaration that it may cease enforcement of the “Remain in Mexico” immigration policy first implemented by former President Trump. ” The administration accuses the Fifth Circuit of ignoring “hornbook principles of administrativelaw” to reach its decision.
In 2021 the Biden Administration reversed the Trump-era rollbacks and instituted the strictest-ever vehicle GHG emissions standards in a move aimed at preventing 3.1 In 2022, Texas, along with several other states and industry groups representing fuel manufacturers (together, Petitioners), challenged EPA’s new emissions standards in court.
She challenges assumptions, pressing lawyers to grapple with broader systemic consequences and the lived experiences behind the law. Their exchanges in oral arguments offer more than just legal analysisthey reveal two distinct visions for how the law should function and who it should protect.
In a series of recent decisions, federal courts across the United States have addressed a range of significant legal issues, from civil rights and constitutional law to administrative authority and criminal justice. EL Paso County , which examined Fourth Amendment protections in the context of abusive strip searches, and Texas v.
Texas and Louisiana went to federal court in Texas to challenge the policy. District Judge Drew Tipton agreed with the states that the policy violates federal law and vacated it nationwide. Judd Stone, solicitor general of Texas, argues for the state. William Hennessy).
And in the Fifth Circuit’s Texas v. In contrast, the Fifth Circuit in Texas v. Courts must “hold unlawful and set aside” those agency actions, findings and conclusions found to be “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with US law.” In the Utah v.
The Attorneys General of Arizona and Montana filed an amended a joint lawsuit Monday alleging that the Biden administration has violated immigration and administrativelaw. The enforcement of policies from the Trump administration resulted in the detention of US citizens and lawful residents.
Court of Appeals for the 9th Circuit holding that the policy was likely inconsistent with both federal immigration law and international law, but the justices dismissed the case in June 2021 at the request of the Biden administration, which had ended the policy after taking office.
Texas presents the latest stage in the Biden administration’s attempt to unwind the Trump administration’s “remain in Mexico” policy. The Biden administration sought a stay of that order in the Supreme Court, but the justices rejected that request over the dissent of Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan.
Accusations of her being a DEI judge and a rattled law professor have flooded social media, with figures like Mike Davis and Laura Loomer leading the charge. Texas, Becerra v. Ross (2022) focused on economic regulations, examining securities fraud and state agricultural laws impact on interstate commerce.
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. The cities also have filed a motion to amend their complaints to withdraw federal common law public nuisance claims that they added after the district court denied remand.
A state administrativelaw judge agreed that Greene’s “heated rhetoric may well have contributed to the environment that ultimately led to” the attack on the Capitol, but he concluded that she had not engaged in an insurrection. But that law was repealed in the 1940s, Trump tells the justices.
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