SCOTUSBlog

NOVEMBER 29, 2021

The Chevron doctrine, a pillar of administrative law, also looms large in the case. Natural Resources Defense Council , determines when a federal court must defer to an agency’s interpretation of a statute it administers. Entitled to” Medicare is a legal status for individuals who meet specified requirements, such as turning 65.

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JURIST

NOVEMBER 7, 2022

In Monday’s oral argument, Paul Clement, on behalf of Axon, stated that the company is “challenging the constitutionality of statutes that insulate agency officials” and violate due process rights by “denying access to courts.”

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SCOTUSBlog

NOVEMBER 30, 2021

Share On Monday, the Supreme Court heard oral argument on a Medicare case that will have significant financial consequences for safety-net hospitals and could have implications for the Chevron doctrine , a core principle of administrative law. At its core, the case, Becerra v.

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Patently O

JULY 10, 2022

The Federal Circuit has agreed that Kevin Correll’s 5-year suspension from patent law practice should move forward. Unfortunately, the per curiam decision appears poorly reasoned and seems to lack sufficient legal grounding. I would suggest compensation as a distinguishing mark applies for the parallel statute 18 U.S.C. §

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SCOTUSBlog

APRIL 22, 2024

Now, to be clear, the legal issue in this case has little to do with the propriety of Starbucks’ opposition to the union organizers. The case here involves administrative proceedings under the National Labor Relations Act. The legal question for the justices is crisp and easy to explain. Starbucks’ reply is scathing.

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Constitutional Law Reporter

NOVEMBER 20, 2023

837 (1984), courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The Court’s decision in Chevron is one of the most frequently cited administrative law decisions. In Loper Bright Enterprises v.

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LettersBlogatory

DECEMBER 8, 2022

It comes out of a corner of the legal world that was utterly unknown to me a year ago. 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. If so, is the administrative law judge a judicial authority?

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Patently O

OCTOBER 18, 2023

Stark reversed the TTAB’s cancellation order, finding the statute only permits cancellation for fraudulent acts taken while obtaining the registration , not for establishing incontestability. The dispute here involves two adjacent provisions of the Federal Trademark statute known as the Lanham Act of 1946 (as amended).

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Patently O

FEBRUARY 21, 2024

Chestek centered around amendments made to trademark regulations in 2019 requiring that applicants provide their domicile address, defined as their permanent legal residence or principal place of business — mailing address is insufficient. Under the statute, an agency must publish notice of proposed rules prior to them becoming law.

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Patently O

DECEMBER 18, 2023

A decision favoring the petitioner would also be seen as bolstering the Administrative Procedure Act’s notice and comment requirements. The best place to begin any analysis is probably with the statute. The key trademark statute followed by the USPTO is the 1946 Lanham Act. ” 15 U.S.C. 1051(a)(2). 37 C.F.R. §

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Broadcast Law Blog

JULY 17, 2018

The FCC had a large staff of Administrative Law Judges who heard these cases, and they were usually quite busy. The process by which the ALJ conducts the hearing is set out in the statute and by FCC rules. Usually, the FCC will have its own attorneys playing a part in the case, conducting discovery (e.g.

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Customs & International Trade Law

OCTOBER 28, 2022

Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC’s determination that one or more applicable legal criteria were satisfied. . Limited (‘‘Top Golf’’) in default.

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SCOTUSBlog

FEBRUARY 10, 2022

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. Breyer has always displayed ambivalence toward this doctrine.

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Intelligize Blog

JULY 9, 2024

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., That decision established that courts should defer to the interpretations of federal agencies when it comes to ambiguous legal statutes.

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SCOTUSBlog

MAY 11, 2022

Both cases present the question whether statutes that authorize appellate courts to review final agency adjudications implicitly strip district courts of jurisdiction over constitutional challenges to those proceedings. The next two relists raise a related question: whether a habeas corpus statute, 28 U.S.C. Federal Trade Commission.

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FDA Law Blog

DECEMBER 3, 2023

Below, we provide a high-level summary of the Final Guidance, focusing on the legal and regulatory updates from the May 2023 draft guidance. We do not address the technical and administrative details of the Discount Program here. The manufacturer will have 60 days to appeal the CMP before an administrative law judge (ALJ).

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SCOTUSBlog

JANUARY 14, 2023

The noncitizens appearing before them face a host of daunting challenges — language barriers, financial strain, lack of legal assistance, and years-long delays — before they can entertain any hope of resolving their immigration status. Against this rather bleak backdrop comes the low-profile case of Santos-Zacaria v.

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SCOTUSBlog

MAY 20, 2022

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. In Securities and Exchange Commission v. The case is sufficiently similar to Axon Enterprise, Inc. Breckon , pending the outcome in Jones.

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SCOTUSBlog

JUNE 29, 2023

Legal Services Alabama, Inc. , Securities and Exchange Commission , 22-991 Issue : Whether, under special review statute 15 U.S.C. § That last case, United States v. CVSG: 5/18/2023 (relisted after the June 22 conference) Davis v. relisted after the June 22 conference) Diaz-Rodriguez v. relisted after the June 22 conference) Jarkesy v.

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SCOTUSBlog

JULY 2, 2024

It reasoned that the six-year statute of limitations imposed by the Administrative Procedure Act, the federal law governing agency actions and the legal challenges to them, applied, even though Corner Post had not opened its doors until 2018. A federal district court dismissed the case.

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SCOTUSBlog

JANUARY 16, 2024

The stakes in the case are high: The challengers argue that the current deferential standard is unconstitutional, while the Biden administration contends that overturning the existing doctrine would be a “convulsive shock to the legal system.” The doctrine at the center of the case is known as the Chevron doctrine.

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ClimateChange-ClimateLaw

AUGUST 8, 2023

5] For the reasons discussed below, more firms – and their legal and other advisers– should follow them. Corporate and securities law – as well as companies and their leaders acting through lobbying and politics – also have major roles to play. [9] Academic readers of this blog should too!

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SCOTUSBlog

OCTOBER 10, 2024

But the 5th Circuit wrote that this case “may … attract the [Supreme] Court’s interest” because “[i]t tees up one of the fiercest (and oldest) fights in administrative law: the Humphrey’s Executor ‘exception to the general ‘rule’ that lets a president remove subordinates at will.” Calumet Shreveport Refining, L.L.C. ,

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Patently O

DECEMBER 26, 2023

In early 2023, an ITC administrative law judge (ALJ) issued its initial determination that Apple was in violation of Section 337 of the 1930 Tariff Act by importing/selling the watches using. Under the statute, the exclusion order then goes to the US President who has power to veto the the exclusion order. 3d 1559 (Fed.

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Customs & International Trade Law

MAY 13, 2022

Department of the Treasury’s Office of Foreign Assets Control (OFAC) gave notice that they are publishing the names of one entity that has been placed on OFAC’s Specially Designated Nationals and Blocked Persons List based on OFAC’s determination that one or more applicable legal criteria were satisfied.

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FDA Law Blog

MARCH 31, 2025

The bill adopts the very Administrative Law Judge process that the U.S. Under the Seventh Amendment and Jarkesy , a jury trial must be provided on liability before civil monetary penalties that are legal in nature can be assessed. 1096 imposes a new and longer statute of limitations for patent settlements. Second , S.

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FDA Law Blog

APRIL 2, 2025

The bill allows the FTC to proceed before an Administrative Law Judge, a process that implicates both the separation of powers and the Seventh Amendment. Under the Seventh Amendment and Jarkesy , a jury trial must be provided on liability before civil monetary penalties that are legal in nature can be assessed. Second , S.

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ClimateChange-ClimateLaw

OCTOBER 19, 2023

The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in West Virginia v. Following the West Virginia decision, analysis of the MQD has proliferated as legal scholars grapple with the doctrine’s lack of definition. However, it objected to the EPA’s interpretation of its authorizing statute.

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Above The Law

MARCH 7, 2025

(Photo by Chip Somodevilla/Getty Images) Supreme Court oral arguments are more than just legal debatestheyre a high-stakes battleground where justices reveal their philosophies, test the strength of arguments, and sometimes, subtly try to persuade their colleagues. She also considers strategic behavior in shaping legal outcomes.

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ClimateChange-ClimateLaw

DECEMBER 11, 2023

Ultimately, the SEC will have to anticipate these types of legal challenges in finalizing a durable rule. When the SEC initially proposed the rule, the Supreme Court had not yet embraced the Major Questions Doctrine (MQD), a new doctrine that constrains the function of the administrative state. Other legal challenges have also arisen.

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Above The Law

MARCH 21, 2025

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. Area of Law: Constitutional Law, Civil Rights, Federal Authority: 25 points. Other Areas: 15 points.

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ClimateChange-ClimateLaw

MARCH 13, 2023

In its legislative findings, which remain in air quality statutes today , Congress justified air pollution regulation because “the growth of the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare.”

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Above The Law

JANUARY 24, 2025

Premier Nutrition Corporation Judge Bade / Ninth Circuit / June 17, 2020 Case Overview The case revolves around Sonner’s attempt to secure equitable restitution under Californias Unfair Competition Law (UCL) and Consumer Legal Remedies Act (CLRA) in a federal court sitting in diversity.

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SCOTUSBlog

NOVEMBER 29, 2022

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. District Judge Drew Tipton agreed with the states that the policy violates federal law and vacated it nationwide.

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SCOTUSBlog

MAY 18, 2023

The court’s grant suggests the court may be poised to narrow the scope of standing for members of Congress to sue to enforce statutes. FDIC , involving separation of powers and administrative law claims. by not remanding the case to the agency after determining that the agency had applied the wrong legal standards.

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Above The Law

FEBRUARY 10, 2025

citizens to anyone who has not “passed all background checks and security clearances and taken all information security training called for in federal statutes and Treasury Department regulations” and ordered any such person who has already copied that data to delete it pending the full hearing on February 14. It’s Q.E.D.

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ClimateChange-ClimateLaw

APRIL 28, 2025

But statutes and the operation of administrative law require more than presidential say-so. Third , as an end-run around the above, the administration is attempting to repeal at least some final rules without giving the public opportunity to comment.

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