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…
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…
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…
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…
Senate Republicans are setting their sights on a wide array of administrative rules following a pivotal Supreme Court decision that has upended decades of judicial precedent. The recent ruling in Loper Bright Enterprises v. Raimondo, which overturned the Chevron doctrine, is poised to initiate substantial changes in the deference courts afford federal agencies’ interpretations of…
For legal professionals seeking insightful commentary on Supreme Court developments, today’s “Monday morning read” on SCOTUSblog provides a curated selection of noteworthy news articles and analyses. Among the highlighted pieces, Tom Perkins from The Guardian discusses how the US Air Force is navigating PFAS water contamination cleanups, using the Supreme Court’s Chevron ruling as a…
The recent U.S. Supreme Court decision in Loper Bright significantly limits federal agencies’ ability to alter regulatory policies from one administration to another. This ruling effectively dismantles Chevron deference and overrules the 2005 decision in National Cable & Telecommunications Association v. Brand X. This development greatly diminishes the flexibility agencies previously had in adjusting regulatory…
In recent years, the strategy of forum shopping has gained amplified significance in the landscape of challenging agency rules. This trend has been notably influenced by a pair of significant Supreme Court rulings, Loper Bright Enterprises v. Raimondo and Corner Post, which have reshaped how litigants approach jurisdictional venues. The US Chamber of Commerce’s strategic…
The viability of the Public Company Accounting Oversight Board’s (PCAOB) enforcement proceedings is in question following the US Supreme Court’s decision in SEC v. Jarkesy, because the PCAOB has no statutory authority to bring such proceedings in federal court. The court held that the Seventh Amendment entitles a defendant to a jury trial when the…
A Social Security Administrative Law Judge, Michael L. Levinson, has failed in his attempt to overturn his removal after the Federal Circuit affirmed the Merit Systems Protection Board’s decision. This decision was grounded in findings that Levinson had committed multiple deficiencies and misconduct. The Federal Circuit emphasized several inadequate decisions that contributed to the judge’s…
US Supreme Court Justice Amy Coney Barrett reportedly began her announcement of the decision in Corner Post Inc. v. Board of Governors with a quip that the case—about when an Administrative Procedure Act (APA) claim begins to accrue for statute of limitations purposes—wasn’t the one that people were there to hear. But while that day’s…
The ongoing judicial dynamics within the U.S. Supreme Court are facing new scrutiny as Congress’s attempt to codify Chevron deference places Chief Justice John Roberts and Justice Clarence Thomas at odds. This legislative maneuver challenges Roberts’ apparent reluctance to dismantle Chevron, which grants agencies the power to interpret ambiguous statutes, a principle that has significantly…
Only weeks after U.S. Supreme Court conservatives took a hatchet to the judicial deference shown to federal agencies, right-leaning lawyers are imploring the justices to rock the administrative law realm again by gutting a New Deal-era precedent at the heart of the modern regulatory system. This development follows a significant ruling impacting the Chevron doctrine,…
The administrative law judge handling the Federal Trade Commission’s (FTC) challenge to the proposed $25 billion merger between Kroger and Albertsons has granted the parties a modest extension. The decision follows the FTC’s report that a worldwide Microsoft outage had rendered several counsel laptops inoperable, necessitating additional time for filing deadlines. The extension provides the…
Sen. Elizabeth Warren, D-Mass., along with a cohort of Democratic senators, has introduced legislation aimed at codifying the doctrine of Chevron deference, which was recently invalidated by the U.S. Supreme Court. Chevron deference, historically, mandated that courts defer to a federal agency’s interpretation of ambiguous statutory language within its jurisdiction. This legislative move marks a…
A union dispute at the Washington, D.C.-based Compass Coffee chain may more precisely delineate employers’ legal boundaries in influencing employee voter pools ahead of elections. The conflict revolves around union organizers questioning approximately 100 ballots from the July 16 vote, alleging that they were cast by illegitimate workers that Compass rapidly hired to dilute union…
The recent U.S. Supreme Court decision to overturn the Chevron deference, which favored federal agencies’ rulemaking interpretations, has generated significant discussion regarding its impact across various legal sectors. Notably, Kayleigh Scalzo and Andrew Guy from Covington suggest that, despite the crucial shift marked by Loper Bright, the effect on bid protest litigation is expected to…
The legal landscape is witnessing a significant shift as courts increasingly counteract federal bureaucratic powers. This movement was recently highlighted by Professor Michael W. McConnell, a prominent legal scholar, during an episode of the podcast What Happens Next. McConnell delved into the ramifications of the repealed Chevron Doctrine, a longstanding judicial precedent that granted deference…
As the US Supreme Court first waded into the Jarkesy v. US Securities and Exchange Commission debate a year ago about the constitutionality of the SEC’s administrative courts, I made some observations about the merits of the lower court’s rulings in the case and conflicts of interest inherent in SEC courts that, while important, don’t…
“`html The recent General Court decision in the Case T-426/21 Nizar Assaad v Council has brought to light critical considerations about legitimate expectations, legal certainty, and economic sanctions within the EU framework. This case, coupled with scholarly reflections such as those from Joana Mendes, raises pertinent questions about whether the existing EU administrative law acquis…
The U.S. Supreme Court’s recent decision in Securities and Exchange Commission v. Jarkesy carries significant ramifications for the SEC’s enforcement capabilities and similarly affects other administrative agencies utilizing comparable adjudicative processes. The 6-3 majority ruling affirms that individuals accused of securities fraud by the SEC are entitled to a jury trial under the Seventh Amendment…
US Supreme Court Term In Review: What You Need To Know The U.S. Supreme Court building is seen in Washington, D.C., on July 1. (Photo by Aashish Kiphayet/NurPhoto via AP) The U.S. Supreme Court’s latest term tackled a range of significant issues, from judicial deference and agency courts to presidential immunity, abortion, and social media…
One of the first significant tests in the post-Chevron legal landscape is set for the Fifth Circuit, as it prepares to hear oral arguments challenging the Biden administration’s climate-related rule on sustainable investments in 401(k) plans. The rule, which promotes the integration of environmental, social, and corporate governance (ESG) criteria in private-sector retirement plans, is…
The U.S. Supreme Court’s recent decisions have significantly reshaped the landscape of administrative law. This term has seen the Court dismantle a 40-year-old judicial deference doctrine, a move that curtails the power of federal agencies and exposes them to additional litigation. These rulings are widely regarded as some of the most impactful in administrative law…
The Biden administration’s efforts to enforce rules prohibiting transgender discrimination in health care and public schools have encountered significant judicial obstacles following a pivotal Supreme Court decision that has curtailed judicial deference to administrative agencies. On July 3, federal district courts in Mississippi, Florida, and Texas issued rulings preventing the Department of Health and Human…