Administrative Law – Page 10

Above the Law

Evaluating the Evolving Dynamics of the U.S. Supreme Court: Early Tenure Insights of Justices Gorsuch, Barrett, Kavanaugh, and Jackson

Pieter Gunst2 years ago04 mins

In the continuously evolving landscape of the United States Supreme Court, recent appointments have shifted its dynamics and brought new judicial influences to the fore. Over the past two years, Justices Neil Gorsuch, Amy Coney Barrett, Brett Kavanaugh, and Ketanji Brown Jackson have demonstrated distinct judicial philosophies that align with specific ideological leanings. Understanding these…

Above the Law

The “Ghost of Chevron Deference”: Legal Anxieties Materialize in Creative Washington D.C. Halloween Costume

Pieter Gunst2 years ago03 mins

As Halloween fades into memory and the season progresses with everything from pumpkin pie to the strains of Mariah Carey’s holiday songs, one peculiar Halloween theme has captured attention. A costume concept in Washington D.C., described through a tweet by Timothy Cama, has humorously encapsulated the anxieties held by many over the current state of…

Bloomberg Law

Louisiana Sushi Restaurant Found in Violation of Labor Laws by NLRB Judge

Pieter Gunst2 years ago02 mins

The National Labor Relations Board (NLRB) judge has found that a Louisiana sushi restaurant, operating under the name Sushi Masa, violated federal labor laws. This conclusion stemmed from incidents involving the termination of a server, Alashia Bazille, who had voiced concerns about job conditions to coworkers and managers. The restaurant’s actions did not end there;…

Bloomberg Law

FTC Commissioner Challenge Sparks Debate on Control and Independence of Administrative Law Judges

Pieter Gunst2 years ago02 mins

In a recent development that has caught the attention of legal circles, a Republican member of the Federal Trade Commission (FTC), Andrew N. Ferguson, has expressed concerns over the constitutionality of protection measures for the agency’s administrative law judges. This stance comes amidst similar arguments presented by several companies currently engaged in litigation against the…

SCOTUSblog

Supreme Court Docket: Key Cases to Watch as New Term Begins

Pieter Gunst2 years ago04 mins

As the U.S. Supreme Court gears up for its new term, several pivotal cases have emerged from its end-of-summer “long conference”. The long conference takes place before the term starts on the first Monday in October, and it is during this session that the justices sort through the numerous cert petitions accumulated over the summer….

Law360

Supreme Court Deliberates Federal Reach in Ghost Gun Regulation, Justice Jackson Questions Judicial Oversight

Pieter Gunst2 years ago02 mins

In a recent U.S. Supreme Court hearing, Justice Ketanji Brown Jackson, known for her typically active engagement, took a reserved approach during discussions about the federal government’s authority to regulate ghost guns. Her fellow justices focused on whether kits composed of unassembled parts should legally be recognized as firearms. However, Justice Jackson directed attention toward…

Bloomberg Law

Legal Challenges Questioning Constitutionality of Administrative Law Judges Strain U.S. Agencies

Pieter Gunst2 years ago02 mins

In recent developments, a surge of legal challenges is posing significant questions regarding the constitutionality of administrative law judges (ALJs) across various U.S. federal agencies. This issue has become particularly salient in light of several lawsuits aimed at undermining the operational stability of these judicial figures, who play pivotal roles in agency enforcement and adjudication…

Jurist

U.S. Supreme Court Upholds EPA Regulations on Methane and Hazardous Emissions Pending Appeal

Pieter Gunst2 years ago03 mins

The US Supreme Court has denied a request to block two Environmental Protection Agency (EPA) rules from being enforced while they are under appeal. The decision means these rules must remain in effect until the U.S. Court of Appeals for the District of Columbia Circuit issues a ruling on the matter. Documents from the Supreme…

Law360

Supreme Court October 2024 Term: Key Cases to Watch in Administrative and Constitutional Law

Pieter Gunst2 years ago01 mins

As the U.S. Supreme Court embarks on its October 2024 Term, several pivotal cases are poised to shape key areas of American law. Among the anticipated deliberations are matters that aim to refine the administrative law landscape, explore constitutional rights concerning gender-affirming care for transgender minors, and influence the federal government’s regulatory authority over environmental…

Law360

“Supreme Court Faces Critical Legal Challenges in New Term Amidst Election Litigation Concerns”

Pieter Gunst2 years ago01 mins

As the U.S. Supreme Court justices prepare to embark on a new term, the legal landscape remains charged with complex issues stemming from recent significant developments. From profound shifts in administrative law to crucial debates over presidential immunity, the previous term set a challenging precedent. Despite the conclusion of these high-profile cases, the upcoming term…

Bloomberg Law

Sarah Harrington Joins Covington & Burling as Partner in Appellate and Supreme Court Practice

Pieter Gunst2 years ago01 mins

In a recent update to its legal team, Covington & Burling LLP announced that Sarah Harrington will join the firm as a partner in its appellate and Supreme Court practice starting December 1. Harrington’s addition to the team was confirmed on Monday, bringing a wealth of experience in various areas of appellate law. You can…

Bloomberg Law

Janitorial Firm Challenges Legality of OFCCP’s Administrative Judges in Federal Lawsuit

Pieter Gunst2 years ago02 mins

A recent lawsuit filed by ABM Industry Groups LLC, a janitorial and cleaning services contractor, has cast a spotlight on the legality of the Office of Federal Contract Compliance Programs’ (OFCCP) use of administrative law judges. The company argues that this mechanism violates its Seventh Amendment right to a jury trial, a claim that draws…

Bloomberg Law

Legal Academia Adapts as Supreme Court Overturns Decades-Old Chevron Doctrine

Pieter Gunst2 years ago02 mins

In the aftermath of the US Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, law professors across the nation are recalibrating their teaching strategies to address the ramifications of this pivotal ruling. The verdict dismantled the four-decade-old Chevron doctrine, which established judicial deference to reasonable agency interpretations of ambiguous statutes. This shift is particularly…

Bloomberg Law

Lawsuit Against OSHRC Challenges Federal Agency Structure Amid Growing Constitutional Debates

Pieter Gunst2 years ago02 mins

A recent lawsuit challenging the structure of the independent Occupational Safety and Health Review Commission (OSHRC) has reignited debates over the constitutional legitimacy of certain federal agencies. Kenric Steel LLC, a steel fabrication company based in New Jersey, filed the lawsuit on September 17, seeking to halt enforcement of a substantial $348,000 safety fine. The…

Law360

Decline in Chevron Deference Unlikely to Overburden Federal Courts, Experts Say

Pieter Gunst2 years ago01 mins

Recent developments in administrative law have raised questions about the long-term impact of diminishing Chevron deference on federal court dockets. According to administrative law experts, the anticipated increase in litigation targeting administrative decisions is unlikely to overwhelm federal courts. This insight was shared amidst debates on the broader implications of this legal shift. For further…

Bloomberg Law

US Supreme Court Begins New Term Tackling Agency Powers and Regulatory Authority

Pieter Gunst2 years ago04 mins

Last year’s US Supreme Court term marked a significant juncture in administrative law—the legal framework that governs the operation and oversight of US government agencies. As the new term kicks off on October 7, the court is once again poised to address whether to continue its recalibration of the “administrative state.” A defining trait of…

Bloomberg Law

DC Law Firms Adopt Cautious Approach in Wake of Supreme Court Chevron Ruling

Pieter Gunst2 years ago04 mins

Some prominent DC-based law firms known for challenging government regulations have so far opted for a more cautious approach in the aftermath of the Supreme Court’s Loper Bright Enterprises v. Raimondo ruling. The decision, which curtailed agencies’ power by overturning the long-standing Chevron deference, has led to a surge of over 40 lawsuits in a…

Law.com

Amazon Files Federal Lawsuit Challenging NLRB’s Administrative Structure as Unconstitutional

Pieter Gunst2 years ago01 mins

Amazon has intensified its efforts against the National Labor Relations Board (NLRB), arguing that the agency’s current administrative structure infringes on due process rights by restricting disputes to hearings before administrative law judges. The suit, filed last Thursday in a federal court in San Antonio, Texas, contends that this structure inadequately safeguards board members and…

Bloomberg Law

Corporate Legal Strategy: Perdue Farms and Comcast Challenge Labor Department’s In-House Tribunals

Pieter Gunst2 years ago02 mins

A pair of lawsuits filed by Perdue Farms and Comcast Corp. that seek to have whistleblower claims heard before a court instead of US Labor Department in-house judges are the first signs of what attorneys expect will be a flurry of challenges to the agency’s internal tribunals. The lawsuits hinge on the US Supreme Court’s…

Law.com

“Fifth Circuit Court’s Decisions Poised to Shape Future of U.S. Administrative Law”

Pieter Gunst2 years ago01 mins

The U.S. Court of Appeals for the Fifth Circuit continues to set the stage for likely Supreme Court decisions on administrative law. Key cases from this circuit could significantly impact the future of agency authority and regulatory practices in the United States. Legal professionals would do well to monitor the evolving jurisprudence from this influential…

SCOTUSblog

EPA Urges Supreme Court to Reject Freeze on Power Plant Regulations Amid Legal Disputes

Pieter Gunst2 years ago01 mins

Each weekday, SCOTUSblog provides a curated selection of news articles, commentary, and other significant links pertaining to the activities of the Supreme Court. The morning read for Tuesday, August 20, offers a variety of insights relevant to legal professionals. Among the highlighted pieces is an article from E&E News by Niina H. Farah and Lesley…

Bloomberg Law

Kroger Seeks Federal Court Injunction to Halt FTC’s Internal Proceedings on Albertsons Merger

Pieter Gunst2 years ago02 mins

Kroger Co. is attempting to halt the Federal Trade Commission’s (FTC) internal proceedings against its proposed $24.6 billion acquisition of rival Albertsons Cos., making the case that the FTC’s actions infringe upon constitutional principles. The merger has been under significant scrutiny since February when the FTC, alongside eight states and Washington, DC, filed a lawsuit…

Law360

“Supreme Court Rulings Reshape Administrative Law, Elevate Judicial Authority Over Agencies”

Pieter Gunst2 years ago02 mins

In the concluding days of its last term, the U.S. Supreme Court delivered decisions in three significant cases—Loper Bright, Corner Post, and Jakesy—that fundamentally altered the framework of the Administrative Procedure Act (APA). These rulings effectively undermine the purview of Congress and the executive branch, transferring substantial authority to the judiciary. The implications of these…

Bloomberg Law

John Manning Appointed as Harvard’s New Provost, Signaling Major Shift in Academic Leadership

Pieter Gunst2 years ago02 mins

Harvard University has made an influential appointment by naming John Manning as its new permanent provost, a role that puts him in charge of overseeing academic policies at one of the world’s leading institutions. This position, considered the second-most powerful leadership role at the university, underscores Harvard’s commitment to a diverse range of legal thought…

Law.com

Supreme Court Rulings Curtail Federal Agency Powers, Paving Way for Judicial Interpretations

Pieter Gunst2 years ago01 mins

The recent decisions of the U.S. Supreme Court in Relentless v. Department of Commerce and Loper Bright Enterprises v. Raimondo are poised to reshape the regulatory landscape. These rulings have effectively overturned the longstanding Chevron v. National Resources decision, thereby limiting the authority of federal agencies to interpret laws. Instead, courts now bear the responsibility…