ABA Journal

Administrative Law

1161 ABA Journal Administrative Law articles.

Supreme Court decision in wetlands case will impair flood control, affect water quality, Kavanaugh warns

The U.S. Supreme Court ruled against the U.S. Environmental Protection Agency on Thursday in its bid to classify an Idaho property as protected wetlands.

Gorsuch’s Title 42 statement is ‘a remarkable jeremiad against COVID mitigation policies,’ law prof says

Justice Neil Gorsuch issued a lengthy statement criticizing “rule by indefinite emergency edict” Thursday, when the U.S. Supreme Court issued an order related to a COVID-19-pandemic-era immigration policy.

‘I don’t understand this theme that FDA can do no wrong,’ says 5th Circuit judge on mifepristone approval

The 5th U.S. Circuit Court of Appeals at New Orleans on Wednesday appears ready to restrict approval of the abortion medication mifepristone.

Oregon’s former top administrative judge gets prison time in child pornography case

Oregon’s former top administrative law judge has been sentenced to 38 months in prison after his guilty plea to 10 counts of encouraging child sexual abuse.

Judge Andrew Erwin of…

Supreme Court could limit agency power after agreeing to reconsider Chevron deference

The U.S. Supreme Court has agreed to consider overruling a 1984 decision that established Chevron deference—the principle that federal courts should defer to reasonable federal agency views when Congress passes ambiguous laws.

Gun owner who challenged ban on bump stocks wins in latest 6th Circuit decision

A federal appeals court has ruled in favor of a gun owner who challenged a federal regulation that bans bump stocks—the devices that dramatically accelerate gunfire on semi-automatic rifles.

Alito ‘packed a lot of grievance’ in dissent as Supreme Court allows access to abortion pill—for now

Justices Samuel Alito and Clarence Thomas dissented from the U.S. Supreme Court’s decision Friday to allow continued full access, for now, to the abortion medication mifepristone. But Alito spoke only for himself in a written dissent; Thomas did not indicate the reason for his dissent.

Alito keeps abortion drug access in place to give SCOTUS more time to act on emergency request

Justice Samuel Alito on Wednesday extended an administrative stay to give the U.S. Supreme Court more time to consider an emergency request to allow full access to the abortion drug mifepristone during a challenge to its approval.

Will former top administrative judge be third Oregon attorney to receive probation in a child porn case?

A May 11 sentencing date has been set for Oregon’s former top administrative law judge after his guilty plea to encouraging child sexual abuse in a child pornography case.

Why the 5th Circuit is allowing abortion pill sales but pausing expanded access to the drug

Updated: Anti-abortion doctors and medical associations likely sued too late to revoke the U.S. Food and Drug Administration’s 2000 approval of the abortion pill mifepristone, a federal appeals court has ruled in temporarily staying part of an April 7 decision by U.S. District Judge Matthew J. Kacsmaryk of Texas.

Supreme Court sides with deaf student in quest for damages for inadequate education

The U.S. Supreme Court on Tuesday ruled that a deaf student can pursue damages for an inadequate education under the Americans With Disabilities Act, even though he didn’t exhaust remedies under a federal education law.

Ex-judge is suspended after secret recording by possible rival candidate revealed threat

A former judge in Missouri has been suspended for at least two years after he was recorded threatening to reveal the affairs of a rival’s husband if she ran against him in the judicial election.

Federal appeals court strikes down ATF rule banning rapid-fire bump stocks

Updated: The en banc 5th U.S. Circuit Court of Appeals at New Orleans has struck down a Trump administration ban on bump stocks, which are used to accelerate gunfire on semi-automatic weapons.

Judge ruled on traffic citations before hearing date to cover for planned absence, ethics complaint alleges

A municipal judge in Philadelphia is accused of trying to cover for her upcoming absence by ruling on traffic citations before the scheduled hearing date, marking some ticketed people as “guilty in absentia.”

Chief justice temporarily continues Title 42 policy that expelled asylum-seekers based on COVID-19 dangers

Chief Justice John Roberts on Monday temporarily kept in place a policy that quickly turned back asylum-seekers on the ground that they could contribute to the spread of COVID-19.

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