A federal US appeals court recently ruled that the Deferred Action for Childhood Arrivals (DACA) program violates US immigration law, stirring questions about its future under the incoming Trump administration. The US Court of Appeals for the Fifth Circuit upheld a previous district court decision blocking DACA, citing its creation as unlawful. The court asserted…
In light of a series of pivotal Supreme Court rulings, there is a growing call for the federal government to reassess how agencies interpret their statutory authority. Donald Kochan, a law professor at George Mason University, argues that President-elect Donald Trump should direct federal agencies to conduct comprehensive audits to ensure that their actions align…
The legal landscape is witnessing several significant developments this week, as detailed in today’s Morning Docket from Above the Law. In a notable decision, the U.S. Supreme Court has rejected former President Trump’s extraordinary claim of “president-elect immunity” in New York state law sentencing. The dissenting opinions of Justices Alito, Thomas, Gorsuch, and Kavanaugh highlight…
The U.S. Supreme Court is poised to engage with significant cases this spring, focusing on key First Amendment questions and pivotal administrative law disputes. This upcoming session could potentially reshape how federal agencies develop and justify their regulatory frameworks. Several of these high-profile cases originate from the Fifth Circuit, underscoring ongoing legal tensions within this…
The legal landscape in 2025 is shaping up to be rather tumultuous for appellate attorneys, who are advised to brace for a series of high-profile appeals and complex regulatory challenges. As the United States transitions to a new presidential administration, there is anticipation surrounding changes in the framework for legal challenges against regulations. Legal professionals…
The recent ruling from the U.S. District Court for the District of Columbia has sparked important discussions within legal circles. The court, led by Judge Trevor McFadden, determined that the National Labor Relations Board (NLRB) administrative law judges (ALJs) are not constitutionally protected from being dismissed by the President of the United States. This decision…
As President-elect Donald Trump prepares to take office, his well-documented inclination towards terminating officials places independent federal agencies at the center of a legal debate that could prompt significant changes in the landscape of administrative law. Trump’s approach, which may include dismissing leadership within independent agencies, diverges from traditional practices and could potentially lead to…
The U.S. Supreme Court recently engaged in oral arguments on a pivotal case involving the Food and Drug Administration’s (FDA) refusal to approve flavored e-cigarettes, a decision the agency justified on grounds of public health. This legal dispute foregrounds two companies, Triton Distribution and Vapetesia, whose applications to market flavored e-cigarette liquids were denied by…
The US Supreme Court appears unlikely to utilize two newly granted cases involving a substantial multi-billion-dollar fund to revitalize the non-delegation doctrine as a tool to rein in federal agencies, according to Bloomberg Law. The court’s acceptance of these cases, which question the integrity of the $8 billion Universal Service Fund aimed at broadening phone…
In-house counsel have found themselves at the forefront of organizational strategy following the ruling in Loper Bright Enterprises v. Raimondo. The U.S. Supreme Court decision marks a pivotal moment in regulatory jurisprudence, departing from the precedent set by Chevron USA Inc. v. Natural Resources Defense Council, Inc., a case that has long served as a…
Elon Musk and Vivek Ramaswamy have recently outlined a proposal to implement radical deregulation, as they support President-elect Donald Trump in his bid to retract a substantial number of regulations through executive action. Their ambition, revealed in a Wall Street Journal op-ed, envisions an accelerated dismantling of existing regulations. However, specifics about the implementation strategy…
At a recent Federalist Society convention held at the Washington Hilton, two federal judges offered a champagne toast to recent Supreme Court decisions that have significantly reduced the powers held by federal agencies. DC Circuit Judge Neomi Rao and Florida federal judge Kathryn Mizelle were among those celebrating these judicial developments, which emphasize judicial authority…
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…
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…
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;…
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…
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….
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…
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…
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…
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…
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…
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…
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…
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…