ABA Journal

Administrative Law

1125 ABA Journal Administrative Law articles.

Federal judge orders US to keep in place Title 42 immigrant ousters tied to pandemic

A federal judge in Louisiana on Friday ordered the Biden administration to keep in place a Trump administration order that required immigrants seeking asylum to be quickly turned back.

Some trials by SEC administrative judges violate Seventh Amendment right to jury trial, 5th Circuit rules

A federal appeals court ruled Wednesday that administrative trials by the U.S. Securities and Exchange Commission violate the Seventh Amendment right to a jury trial when civil penalties are sought.

Bid to block Rep. Marjorie Taylor Greene from ballot fails after state judge rules in her favor

An administrative law judge in Georgia ruled Friday that there is insufficient evidence to show that Republican U.S. Rep. Marjorie Taylor Greene of Georgia engaged in insurrection, dealing a defeat to challengers who claimed that the U.S. Constitution banned her reelection.

Judge says CDC had no authority to adopt mask mandate for planes, public transit

Top Oregon administrative judge faces pornography allegations

Oregon’s chief administrative law judge is on unpaid leave as he faces child pornography allegations.

Chemerinsky: SCOTUS could make significant ruling on EPA’s authority to fight climate change—or not

In a term likely filled with blockbuster cases, West Virginia v. Environmental Protection Agency is an enigma: It could turn out to be unimportant and dismissed without a decision; it may be a major ruling on the scope of the EPA’s power; or it could be a huge decision about judicial review of agency decisions. The case, which was argued on Feb. 28, arose in an unusual procedural posture that may cause the court to dismiss it. But if the justices reach the merits, it could be a decision of great significance about environmental and administrative law.

Supreme Court will consider Biden’s bid to end remain-in-Mexico policy for asylum-seekers

The U.S. Supreme Court on Friday agreed to decide whether the Biden administration may end former President Donald Trump’s policy requiring asylum-seekers to remain in Mexico while their cases are pending.

US reinstates remain-in-Mexico program to comply with court order, expands people affected

The Biden administration on Monday began sending asylum-seekers to Mexico to await court hearings.

Ban on bump stocks prevails when 6th Circuit splits on government interpretation

A federal government regulation that bans bump stocks—which are used to accelerate gunfire on semi-automatic weapons—is back in force as a result of a split decision Friday by an en banc federal appeals court.

6th Circuit picked to consider 34 challenges to vaccine mandate; these plaintiffs filed initial suits there

The 6th U.S. Circuit Court of Appeals at Cincinnati was picked in a court lottery Tuesday to hear 34 consolidated challenges to the Biden administration’s vaccine mandate for larger employers.

SCOTUS accepts climate-change case on EPA authority to limit carbon emissions

The U.S. Supreme Court on Friday agreed to consider the extent of the Environmental Protection Agency’s authority to limit carbon emissions under a provision of the Clean Air Act.

Proposed rule is intended to preserve DACA program protecting some immigrants from deportation

The U.S. Department of Homeland Security on Monday announced a proposed rule to “preserve and fortify” the program that protects immigrants brought to the country illegally as children from deportation.

Supreme Court doesn’t disturb order forcing Biden to revive remain-in-Mexico policy

The U.S. Supreme Court on Tuesday kept in place a judge’s order requiring reinstatement of a Trump administration policy requiring asylum-seekers to remain in Mexico while their cases are pending.

SCOTUS justices pause reinstatement of remain-in-Mexico policy, won’t stop Obama center construction

Supreme Court justices on Friday acted on two requests to block court rulings on immigration and construction of a presidential center that is opposed by environmentalists.

Asylum officers, rather than immigration judges, would decide border asylum cases under proposed rule

Asylum officers would hear and decide asylum claims at the border under a proposed rule announced by the Biden administration Wednesday.

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