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…
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…