Constitutional Law Reporter

FEBRUARY 8, 2024

Supreme Court heard oral arguments in four cases this week. The two most closely watched involve whether the Court should overrule its landmark decision in Chevron v. The Court’s Chevron decision established a bedrock principle of administrative law. The cases before the Court, Relentless, Inc. 837 (1984).

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Constitutional Law Reporter

DECEMBER 14, 2022

The Supreme Court heard oral arguments in five cases last week. Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. Below is a brief summary of the cases before the Court: Securities and Exchange Commission v.

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Constitutional Law Reporter

JUNE 4, 2021

Supreme Court unanimously held in Carr v. Saul, 593 U.S. _ (2021) , that the principles of issue exhaustion do not require Social Security disability claimants to argue at the agency level that the administrative law judges hearing their disability claims were unconstitutionally appointed. Supreme Court decided Lucia v.

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Patently O

FEBRUARY 28, 2021

Supreme Court 2021). 2, administrative patent judges of the U.S. Whether, if administrative patent judges are principal officers, the court of appeals properly cured any Appointments Clause defect in the current statutory scheme prospectively by severing the application of 5 U.S.C. by Dennis Crouch. United States v.

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SCOTUSBlog

NOVEMBER 27, 2023

Court of Appeals for the 5th Circuit accepted all three arguments and invalidated three aspects of the SEC’s operations. The case stems from an administrative proceeding that the SEC brought against hedge fund founder and investment adviser George Jarkesy in 2013. But in this case a bold (I did not say “rogue”) panel of the U.S.

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JonathanTurley

JUNE 12, 2022

That includes the Supreme Court’s unambiguous statement that “[w]hen an employee engages in speech that is part of the employee’s job duties, the employee’s words are really the words of the employer.” The Supreme Court has pushed back on federal agencies trying to regulate speech. of State, County, and Mun. In 2017, in Matal v.

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JonathanTurley

JULY 11, 2023

After all, this appears simple (albeit shocking) negligence by the Biden administration as opposed to some nefarious effort. Court of Appeals for the Ninth Circuit rejected claims that appointment violations were mere technical concerns. This could not come at a worse time for the administration. It stressed in Cody v.

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Constitutional Law Reporter

NOVEMBER 20, 2023

Supreme Court has now granted certiorari in two cases challenging the continued viability of its long-standing decision in Chevron v. The two cases, which will be heard sometime in January, both ask the Court to overrule or at least curtail so-called “Chevron deference.” Supreme Court’s decision in Chevron U.S.A.

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JURIST

AUGUST 16, 2021

The Bombay High Court on Friday stayed two provisions of India’s Information Technology Rules (“the Rules” or “Rules”) intended to regulate publishers of digital content such as social media intermediaries, OTT (Over-the-top) platforms, and online news and current affairs websites.

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JonathanTurley

JANUARY 3, 2022

Below is my column in the Hill on upcoming year for the Supreme Court. The Court’s docket is likely to put the institution at ground zero of a heated election year. Here is the column: The late Justice Ruth Bader Ginsburg once observed that “it’s hard not to have a big year at the Supreme Court.”

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JonathanTurley

DECEMBER 2, 2020

This afternoon I have the pleasure of joining a distinguished panel to speak on the Supreme Court at the University of Southern California’s Gould School of Law. The event is part of the LACBA Business Law Section 2020 Virtual Institute for Corporate Counsel and will also include Michael J.

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Conflict of Laws

JULY 11, 2022

This also generates questions of whether such a field of law is needed at all or which particular issues it should govern, as the possible area of regulation is to a large extent covered by other areas of law, namely international law, conflict of laws, constitutional law, and administrative law as well as by the field of diplomacy.

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SCOTUSBlog

FEBRUARY 4, 2022

He is the author of six books about the law, including American Justice 2016: The Political Supreme Court and The Tenth Justice: The Solicitor General and the Rule of Law. Professors at the event reflected on opinions about administrative law, free speech, patents, and other topics. Seattle School District No.

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SCOTUSBlog

MAY 20, 2021

Share A review of Ian Millhiser, The Agenda: How a Republican Supreme Court Is Reshaping America (Columbia Global Reports 2021). Millhiser begins the book by highlighting the Supreme Court’s present-day power and sketching the historical evolution that brought it to this point. Columbia Global Reports 2021).

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