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Supreme Court Greenlights Pre-enforcement Challenges to FTC and SEC Proceedings

Constitutional Law Reporter

Supreme Court’s decision in Axon Enterprise, Inc. Federal Trade Commission , 598 U.S. _ (2023), allows federal district courts to consider constitutional challenges to administrative proceedings prior to the issuance of final rulings. Cochran’s and Axon’s suits were both dismissed for lack of jurisdiction.

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Money for safety-net hospitals at stake in dispute over Medicare payment formula

SCOTUSBlog

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. However, if the statutory language is ambiguous, the court turns to step two.

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Allegations of racial bias in a death penalty trial

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. 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.

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

ClimateChange-ClimateLaw

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. In the Supreme Court’s recent decision Biden v. While the decision has been appealed , a federal district court in Utah v.

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July 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. The federal district court for the Western District of Louisiana issued a nationwide preliminary injunction barring the Biden administration from implementing a “Pause” on new oil and natural gas leases on public lands or in offshore waters.

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