Administrative Law

1169 ABA Journal Administrative Law articles.

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

Justice Thomas attended Koch network donor events, interacted with the brothers at retreats, report says

U.S. Supreme Court Justice Clarence Thomas has attended at least two donor events orchestrated by the Koch network and has developed a bond with the conservative Koch brothers during all-male retreats, according to a new report by ProPublica.

Sep 22, 2023 3:32 PM CDT

FDA’s ‘tweet-sized doses’ of ivermectin advice can be challenged in lawsuit, 5th Circuit says

Doctors who prescribed the human version of a drug called ivermectin to thousands of their COVID-19 patients can sue the U.S. Food and Drug Administration, a federal appeals court has ruled.

Sep 5, 2023 11:09 AM CDT

5th Circuit faults FDA for expanding access to abortion drug; next move is up to SCOTUS

The U.S. Food and Drug Administration failed to address safety concerns when it expanded access to the abortion drug mifepristone in 2016 and 2021, according to the 5th U.S. Circuit Court of Appeals at New Orleans.

Aug 17, 2023 9:11 AM CDT

Supreme Court majority reinstates regulations requiring background checks for sales of ‘ghost gun’ kits

The U.S. Supreme Court on Tuesday temporarily revived Biden administration regulations that require makers and sellers of "ghost gun" kits and parts to add serial numbers to the products, keep transfer records and conduct background checks of buyers.

Aug 9, 2023 8:40 AM CDT

Supreme Court will decide whether SEC enforcement actions violate right to jury trial

The U.S. Supreme Court has agreed to decide whether some administrative trials by the U.S. Securities and Exchange Commission violate the Seventh Amendment’s right to a jury.

Jul 6, 2023 12:54 PM CDT

Supreme Court strikes down student loan forgiveness; Roberts warns of ‘disturbing’ feature of some opinions

The U.S. Supreme Court on Friday overturned the Biden administration’s student loan forgiveness plan, holding that it was not authorized by a law allowing modification of student-aid programs during national emergencies.

Jun 30, 2023 9:56 AM CDT

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.

May 25, 2023 1:06 PM CDT

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.

May 22, 2023 2:40 PM CDT

‘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.

May 18, 2023 9:30 AM CDT

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…

May 15, 2023 9:45 AM CDT

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.

May 1, 2023 11:51 AM CDT

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.

Apr 27, 2023 9:11 AM CDT

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.

Apr 24, 2023 11:03 AM CDT

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