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Supreme Court strikes down Chevron, curtailing power of federal agencies

SCOTUSBlog

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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Justices divided over SEC’s ability to impose fines in administrative proceedings

SCOTUSBlog

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. For her, Atlas Roofing made this an easy case.

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Case of the Day: Begisholli v. KBR

LettersBlogatory

The Defense Base Act is a federal statute that gives a worker’s compensation-like benefit to employees of US government and military contractors injured at work overseas. I have been retained by counsel prosecuting these cases to consult and, in some cases, to provide expert declarations for the use of the administrative law judges.

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The Sky’s the Limit: How Chestek Frees the USPTO

Patently O

Under the statute, an agency must publish notice of proposed rules prior to them becoming law. Of course any lawyer will agree failing to follow procedures can result in major consequences. And crucially, procedural rules are exempt from notice and comment requirements under APA section 553(b)(A). ” 5 U.S.C. §

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Immigration, takings, administrative law and the kitchen sink

SCOTUSBlog

The government takes the position that the statute forecloses only review of discretionary decisions not to grant relief, not factual findings that are factored into those decisions.) The court also has a pair of new administrative law cases, both captioned American Hospital Association v. Becerra and with consecutive numbers.

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Can fishermen be required to pay for federal monitors? And by the way – should Chevron be overruled?

SCOTUSBlog

United States , involving a separation of powers challenge to the appointment of private lawyers to prosecute a contempt of court. The National Marine Fisheries Service construed the governing statute to allow it to require industry to pay the salaries of those monitors. But all was not sweetness and light. A divided panel of the U.S.

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Allegations of racial bias in a death penalty trial

SCOTUSBlog

Cochran , the justices will decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings. The case is sufficiently similar to Axon Enterprise, Inc. The justices also granted review in Jones v. Breckon , pending the outcome in Jones.