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

SCOTUSBlog

In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” The case has already been rescheduled three times, clearly indicating it’s on at least one of the justices’ radar. Next up is Texas v. rescheduled before the Nov. 10 and Jan.

Statute 104
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New California Legislation Would Be a Major Step Forward for Climate Disclosure

ClimateChange-ClimateLaw

51] That doctrine only applies to federal regulations, however, not to state statutes, so it does not pose a danger to the two California bills. Moreover, the Supreme Court recently signaled again that states are free to enact environmental laws that may be beyond federal powers. [52] Nebraska, 600 U.S. Times , Oct. 12, 2022.

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The SEC’s Final Climate Disclosure Rule Must Respond to Emerging Legal Risks

ClimateChange-ClimateLaw

Nebraska , the Court relied on the MQD to determine that the Biden Administration could not forgive $430 billion of federal student loan debt under a 2003 Act that had not been the basis for such a sweeping program before. Two recent cases of note have affirmed the use of the MQD. In the Supreme Court’s recent decision Biden v.

Legal 67
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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. Nebraska , invalidating the Biden Administration’s student loan forgiveness program. However, it objected to the EPA’s interpretation of its authorizing statute. Env’t Prot.

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