Bill would restore Chevron deference doctrine, create advocate to help citizens participate

A U.S. Senate bill introduced this week would codify the doctrine of Chevron deference, which allows courts to defer to agencies’ interpretations of ambiguous laws.

Jul 25, 2024 9:36 AM CDT

After Chevron: 8 policies that could be vulnerable to new legal challenges

Regulations that touch nearly every facet of American life could face new challenges after the Supreme Court’s move to overturn Chevron deference last week. Just days later, litigants around the country are already taking aim at some rules with new motions and filings.

Jul 10, 2024 2:00 PM CDT

Chemerinsky: SCOTUS term reveals deeply divided justices frustrated with one another

At times, some have referred to the Supreme Court as “nine scorpions in a bottle.” That metaphor seems especially appropriate this year, though I would describe them as “nine angry scorpions in a bottle.” There is a strong sense that it is a deeply divided court. There were a total of 59 opinions, and 23 were 6-3 and another five were 5-4.

Jul 3, 2024 8:44 AM CDT

Did FDA engage in unfair ‘regulatory switcheroos’ when rejecting flavored vapes? SCOTUS will decide

The U.S. Supreme Court has agreed to consider the U.S. Food and Drug Administration’s refusal to approve the marketing of new flavored vaping products.

Jul 2, 2024 2:38 PM CDT

Supreme Court issues ‘staggering’ ruling on deadline to challenge agency actions

The U.S. Supreme Court on Monday issued a statute-of-limitations ruling that that allows plaintiffs injured by agency actions to set the deadline clock ticking at the time that they suffer injuries.

Jul 1, 2024 10:00 AM CDT

SCOTUS curbs agency power in ruling that ends Chevron deference; dissent dubs opinion ‘Hubris Squared’

Courts may not defer to an agency’s interpretation of a statute simply because it is ambiguous, the U.S. Supreme Court ruled Friday in a decision that curbs agency power.

Jun 28, 2024 10:17 AM CDT

SEC defendants are entitled to jury trials, SCOTUS rules in case with ‘broad ramifications’

The U.S. Supreme Court ruled Thursday that defendants facing civil penalties for securities fraud before the U.S. Securities and Exchange Commission are entitled to a jury trial under the Seventh Amendment.

Jun 27, 2024 10:07 AM CDT

5th Circuit rejects nationwide injunction in challenge to task force’s insurer mandates

A task force that issued preventive care mandates for insurance companies under the Affordable Care Act had “unreviewable power” that violated the Constitution, a federal appeals court has ruled.

Jun 25, 2024 1:02 PM CDT

ABA ‘strongly opposes’ Biden’s executive order restricting asylum; ACLU readies lawsuit

Updated: The American Civil Liberties Union and the ABA are among the groups opposing President Joe Biden’s executive order curbing asylum eligibility for migrants who illegally cross the southern border during peak periods.

Jun 5, 2024 12:18 PM CDT

Chemerinsky: SCOTUS winds up term with rulings expected on major cases about government power, accountability

The Supreme Court heard the last oral arguments of the term on April 25, and now we wait for the decisions with the expectation of the usual flurry of rulings at the end of June. In thinking about the pending cases, a significant number involve the scope of government power and how to hold the government accountable.

May 1, 2024 12:08 PM CDT

Group representing immigration judges told to get DOJ approval before speaking publicly

A group representing immigration judges has spoken out in the past to criticize court administration and advocate for more independence.

Mar 5, 2024 3:28 PM CST

9th Circuit revives suit to register racehorse as ‘Malpractice Meuser,’ thought to be lawyer jab

A racehorse owner who claims that a First Amendment right to register the name of his thoroughbred as “Malpractice Meuser” can proceed with his federal lawsuit as a result of a federal appeals court's decision.

Feb 28, 2024 2:51 PM CST

Biden administration releases proposed guidelines for student loan hardship

The Biden administration released proposed guidelines last week that will extend debt relief to borrowers with federal student loans who are facing financial hardship that impairs ability to pay.

Feb 21, 2024 10:48 AM CST

SCOTUS majority appears to embrace ‘Kisorizing’ or overturning Chevron deference, oral arguments indicate

Conservative justices on the U.S. Supreme Court appeared ready to limit or overturn the 1984 decision that established Chevron deference, the principle that federal courts should defer to reasonable agency interpretations of ambiguous laws, according to media coverage of oral arguments Wednesday.

Jan 18, 2024 11:05 AM CST

Ouster recommended for town justice accused of making ‘salacious jokes,’ identifying himself as judge in gas-station dispute

A town justice in New York should be removed from office partly for inappropriate comments to another judge and his court clerks, according to the New York State Commission on Judicial Conduct.

Jan 18, 2024 9:38 AM CST