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…
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…
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…
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…
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…
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…
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…
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…
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…