Remove Administrative Law Remove Litigating Remove Texas
article thumbnail

As Jurisprudence Under Loper Bright Develops, Early Scorecard is Mixed

FDA Law Blog

Koblitz & JP Ellison — Back in July, the United States Supreme Court turned the world of administrative law on its head, adding new layers of judicial oversight to what might have previously been thought of as fairly non-descript Federal agency functions. By John W.M. Claud & Sara W. One of those cases was Loper Bright v.

Statute 62
article thumbnail

Challenges to administrative action and retroactive relief for prisoners

SCOTUSBlog

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. In addition, the Supreme Court held a few years back that the appointment procedures for SEC administrative law judges violate the Constitution’s appointments clause.

Insiders

Sign Up for our Newsletter

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

Trending Sources

article thumbnail

When do legal observers at protests get First Amendment protection?

SCOTUSBlog

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 administrative law principles articulated in Kisor v. Broadnax v. Ratzloff v.

Legal 102
article thumbnail

New York sues New Jersey over compact governing Port of New York and New Jersey

SCOTUSBlog

New York maintains that the terms of the compact provide that only Congress can repeal it and that, insofar as the compact represents a federal statute, its breach violates federal law. In earlier litigation, the Waterfront Commission sued the New Jersey governor to prevent him from enforcing the law. However, the U.S.

article thumbnail

New PatentlyO L.J. Article: What Every Patent and Trademark lawyer Should Understand About the MPEP, TMEP, and Other Guidance

Patently O

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 administrative law, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. By Jason Rantanen. COVID-19Impact).

Lawyer 56
article thumbnail

Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more

SCOTUSBlog

Next up is Texas v. Gordon College seeks review, arguing that all of its professors are Christian educators who are used to promote the Christian mission through teaching, scholarship, and service. The case has already been rescheduled three times, clearly indicating it’s on at least one of the justices’ radar. rescheduled before the Nov.

Statute 103
article thumbnail

Justices grant review in two cases that test jurisdiction of district courts

SCOTUSBlog

Cochran , the justices agreed to decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings. Cochran went instead to a federal district court in Texas, seeking to block the administrative proceedings before the new ALJ.

Court 87