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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SCOTUSBlog

APRIL 18, 2022

The relevant statute , regulating disability benefits, provides that “the United States will pay [compensation] to any veteran” who is “disabled” as a result of (1) “personal injury suffered or disease contracted in line of duty,” or (2) “aggravation of a preexisting injury suffered or disease contracted in line of duty.” military veterans.

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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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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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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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SCOTUSBlog

NOVEMBER 7, 2022

1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. Talevski’s wife and legal guardian brought a Section 1983 action on his behalf against VCR, HHC, and other entities, alleging violations of his FNHRA rights.

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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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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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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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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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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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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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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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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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SCOTUSBlog

JANUARY 7, 2022

After Texas and Missouri challenged that decision, a federal district court vacated the secretary’s termination, in part on the administrative-law ground that the decision was insufficiently explained. In June 2021, Secretary Alejandro Mayorkas of the Department of Homeland Security issued a decision terminating the policy.

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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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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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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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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

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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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

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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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

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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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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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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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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ClimateChange-ClimateLaw

JULY 2, 2021

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” In re Enbridge Energy, LP , Nos.

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