Administrative Law

1200 ABA Journal Administrative Law articles.

Chemerinsky: Expect another momentous year at the Supreme Court

I do not recall ever facing a new year with such a sense of trepidation and even fear of what to expect. The presidential election campaign of 2024 promises to be unlike any we have seen in American history, and it seems inevitable that the U.S. Supreme Court will play a large role. And the docket for the current term is filled with major issues about controversial matters, such as abortion, administrative law, gun rights and the First Amendment and social media.

Jan 4, 2024 10:49 AM CST

Federal guidance on stabilizing emergency abortions can’t be enforced in Texas, 5th Circuit says

A federal appeals court ruled Tuesday that the federal government can’t enforce guidance in Texas that requires hospitals to provide stabilizing emergency abortions to prevent serious jeopardy to a patient’s health in emergency situations.

Jan 3, 2024 10:20 AM CST

Supreme Court will hear arguments on whether to stay EPA’s ‘good neighbor’ rule

The U.S. Supreme Court will have oral arguments in February to consider an emergency petition to stay the U.S. Environmental Protection Agency’s “good neighbor” rule, which is intended to curb pollution that drifts to downwind states.

Dec 22, 2023 9:22 AM CST

Supreme Court will consider whether FDA wrongly expanded access to abortion drug mifepristone

The U.S. Supreme Court on Wednesday agreed to decide whether the U.S. Food and Drug Administration acted properly when it expanded access to the abortion drug mifepristone.

Dec 13, 2023 10:17 AM CST

Chemerinsky: ‘Sleeper’ case before the Supreme Court could have major implications for administrative law

If I had to pick a case as the potential “sleeper” of the term—a case which is not getting a great deal of attention but that could have a huge impact—I’d select Securities and Exchange Commission v. Jarkesy, scheduled for argument Nov. 29.

Nov 29, 2023 8:07 AM CST

Supreme Court to decide whether ATF can prohibit bump stocks under law banning machine guns

The U.S. Supreme Court has agreed to decide whether the Bureau of Alcohol, Tobacco, Firearms and Explosives can prohibit bump stocks under a law banning machine guns and parts intended to convert weapons into machine guns.

Nov 6, 2023 1:10 PM CST

For second time, Supreme Court temporarily allows ‘ghost gun’ regulations

The U.S. Supreme Court on Monday allowed the Biden administration to temporarily enforce regulations that permit tracing of homemade “ghost guns,” the second time that the full court has acted in a three-month period.

Oct 17, 2023 11:00 AM CDT

Supreme Court adds second case challenging agency power that will allow Justice Jackson to participate

The U.S. Supreme Court won’t decide a challenge to Chevron deference without the participation of Justice Ketanji Brown Jackson.

Oct 16, 2023 11:58 AM CDT

Florida lawyer dies in skydiving incident

A Florida man who died while skydiving last weekend has been identified as a 69-year-old attorney who practiced administrative and employment law.

Oct 11, 2023 10:30 AM CDT

After US argues 5th Circuit ‘countermanded’ SCOTUS, Alito allows ‘ghost gun’ regulations, for now

U.S. Supreme Court Justice Samuel Alito has temporarily allowed the Biden administration to enforce "ghost gun" regulations after the federal government that argued the lower courts had “effectively countermanded” a prior determination by the Supreme Court.

Oct 9, 2023 11:16 AM CDT

Supreme Court opens new term quietly—so far

The court on Oct. 2 starts what might turn out to be “another big term,” but it is opening with a more modest docket. Still, there are big cases on gun rights, social media use by government officials and the scope of the so-called administrative state.

Sep 28, 2023 11:32 AM CDT

Chemerinsky: Big cases in administrative law, gun rights and social media are scheduled for October term

We are in the midst of dramatic changes in many areas of constitutional law. Thirty years ago, I wrote the first edition of a constitutional law casebook. I have just completed the seventh edition, and never has so much changed from the prior edition or since I began writing the book.

Sep 27, 2023 10:21 AM CDT

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