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In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause

SCOTUSBlog

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. 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.

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Justice Breyer: A pragmatic moderate

SCOTUSBlog

Brent Newton is a visiting professor of law at Penn State-Dickinson School of Law. He previously taught seminars on Breyer’s jurisprudence at American University Washington College of Law. These pragmatists consider the real-world consequences of the court’s decisions and value stare decisis and narrow rulings.

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Challenges to administrative action and retroactive relief for prisoners

SCOTUSBlog

Both cases arise in the context of administrative proceedings brought by independent enforcement agencies against regulated parties — Axon by the Federal Trade Commission, and Cochran by the Securities and Exchange Commission. relisted after the April 29 conference). Returning Relists. Texas , 21-6001.

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Justices to consider scope of “clear and unmistakable error” review of Veterans Affairs decisions

SCOTUSBlog

He contends that “a clear statute does not stand on the same footing as an invalid regulation purporting to implement it” because “[t]he statute is law; the regulation is not.” In particular, George points to House and Senate committee reports that endorse case law from the U.S.

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Allegations of racial bias in a death penalty trial

SCOTUSBlog

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.

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Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. From health care to finance to environmental pollutants, administrative agencies use highly trained experts to interpret and carry out federal laws.