Administrative Law

5th Circuit again blocks US from cutting razor-wire fence installed by Texas at border

Texas is entitled to a preliminary injunction that blocks the federal government from cutting razor wire that the state had installed along the border, the 5th U.S. Circuit Court of Appeals at New Orleans ruled last week.

Dec 2, 2024 10:05 AM CST

Supreme Court will consider reviving another curb on agency power known as nondelegation doctrine

The U.S. Supreme Court agreed Friday to consider whether Congress and the Federal Communications Commission violated the nondelegation doctrine in a challenge to fees imposed on telecommunications carriers to help provide service in underserved areas.

Nov 25, 2024 12:03 PM CST

FTC antitrust case against Meta can move to trial, court rules

A federal judge ruled Wednesday that a Federal Trade Commission lawsuit accusing Facebook owner Meta of holding an illegal monopoly over social media can proceed to trial, handing the agency a victory after previous setbacks in making its case in court.

Nov 13, 2024 3:35 PM CST

‘Watchdogs’ author has no regrets about choosing civil service over the NBA

Glenn Fine’s career-long crusade against corruption might have its roots in his college days as a point guard for the Harvard basketball team. He played his personal best against Boston College—in a game that he later discovered had been fixed by the mob.

Nov 6, 2024 8:11 AM CST

Chemerinsky: Elections matter, from composition of federal bench to our highest court

In what might be one of the of the most consequential presidential campaigns in our lifetime, and maybe American history, remarkably little attention has been paid to judicial appointments. But the longest legacy of any presidency is the picks for the Supreme Court and the lower federal courts. History shows how much presidential elections matter.

Oct 31, 2024 8:52 AM CDT

Landmark Chevron decision was overturned; what happens now?

A landmark ruling overturning Chevron deference has introduced vulnerability into the power of federal agencies—but attorneys are conflicted about the significance of the outcome, which they say may be much ado about nothing.

Oct 14, 2024 3:13 PM CDT

Chemerinsky: Will the Supreme Court have a role in the presidential election as it enters a new term?

As the justices return to the bench on Oct. 7 for the new term, the unknowable question is whether the U.S. Supreme Court will play a role in the outcome of the November 2024 presidential election. Will this year be like 2000, when a close election was effectively decided by the court’s ruling in Bush v. Gore? Or will it be like 2020, when a close election did not raise any issues for the justices to decide?

Oct 2, 2024 8:53 AM CDT

Insurance coverage for preventive care at risk unless Supreme Court acts, cert petition says

The federal government is asking the U.S. Supreme Court to reverse a federal appeals court decision that could end free preventive care services provided by health insurance.

Sep 24, 2024 2:30 PM CDT

Lawyer must face ethics charge alleging he tried to hire Israeli hackers to access judge’s emails

A California bar court judge has rejected a lawyer’s bid to dismiss an ethics charge alleging that he plotted to hire Israeli hackers to hack in to the email and phone accounts of a judge and a lawyer.

Sep 19, 2024 11:52 AM CDT

Justice Neil Gorsuch says Americans getting ‘thwacked’ by too many laws

As U.S. Supreme Court Justice Neil M. Gorsuch sees it, an explosion in the complexity of the nation’s regulations is overburdening Americans and often trampling their rights and livelihoods.

Aug 9, 2024 3:40 PM CDT

Chemerinsky: These Supreme Court sleeper cases will have lasting impact

The October 2023 term had many blockbuster decisions that deservedly received headlines. But there also were some important cases that received far less media attention that will have a significant impact on the law. Here are a few of what I regard as the “sleeper” cases of the term.

Jul 31, 2024 10:48 AM CDT

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