Administrative Law

Judge blocks DOJ domestic violence asylum policy, while ‘remain in Mexico’ asylum policy announced

A Washington, D.C., federal judge on Wednesday struck down a Trump administration asylum policy denying victims of gang violence and domestic abuse a chance at asylum, a day before the federal government announced that it would force Central American asylum-seekers to live in Mexico while waiting for their court dates.

Dec 20, 2018 2:29 PM CST

Rapid-fire bump stocks banned under new regulation; lawsuit filed same day

A new regulation announced on Tuesday bans bump stocks that are used to accelerate gunfire on semi-automatic weapons. The final rule is a reinterpretation of existing law, report the New York Times, the Washington Post, Courthouse News Service and USA Today. Bump stocks didn’t exist when a federal law outlawed…

Dec 19, 2018 12:16 PM CST

Auer deference precedent targeted by business groups may be overturned by SCOTUS

The U.S. Supreme Court on Monday agreed to consider whether to overrule two cases requiring courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation. The concept is known as Auer deference, named after one of the cases that the court is being urged to overturn, Auer…

Dec 10, 2018 1:26 PM CST

Another court rules against Trump administration’s grant restrictions to sanctuary jurisdictions

A federal judge in New York City has ruled that the Trump administration did not have the authority to withhold public safety grants from sanctuary jurisdictions that refuse to cooperate in immigration enforcement.

Dec 3, 2018 1:34 PM CST

Judge blocks Keystone XL pipeline pending additional climate-impact review

A federal judge in Montana on Thursday blocked construction of the Keystone XL pipeline connecting Canadian oil sands fields to Texas refineries, citing the need for additional review of the impact on climate change. U.S. District Judge Brian Morris said the Trump administration violated environmental laws and the Administrative Procedure…

Nov 9, 2018 4:17 PM CST

With new rules, legally fixing consumer electronics just got easier

Late last week, the Librarian of Congress and the U.S. Copyright Office filed new rules that would give consumers unprecedented legal authority to fix their own consumer electronics. “We’re very happy, ecstatic actually,” Gay Gordon-Byrne, executive director of the Repair Association, told the ABA Journal. “It’s an expanded opportunity to…

Oct 30, 2018 11:40 AM CDT

Federal court in Texas declares Indian Child Welfare Act unconstitutional

A Northern Texas federal district court struck down portions of the Indian Child Welfare Act last Thursday, finding that the disputed sections violate the Fifth Amendment’s equal protection guarantee by mandating racial preferences.

Oct 10, 2018 10:00 AM CDT

House of Delegates urges end to mandatory arbitration of sexual harassment claims

After a year in which sexual harassment in the workplace has taken center stage, the ABA House of Delegates voted to urge legal employers not to require mandatory arbitration of such claims.

Oct 1, 2018 12:50 AM CDT

Proposed federal rule would bypass settlement on the rights of unaccompanied immigrant minors

A federal rule to be proposed Friday would effectively withdraw the United States from a decades-old settlement regarding the treatment of unaccompanied immigrant minors, the Washington Post reported Thursday. NPR, Vox and the Wall Street Journal also have coverage. The proposed rule comes from the Department of Homeland Security, which…

Sep 6, 2018 4:11 PM CDT

Union for immigration judges files grievance over removal of cases from Philly judge

The union that represents federal immigration judges has filed a grievance over the removal of dozens of cases from an immigration judge in Philadelphia who had delayed the deportation of a Guatemalan man.

Aug 9, 2018 6:05 AM CDT

22 former Thomas clerks have landed Trump administration jobs or judicial nominations

Justice Clarence Thomas’ former law clerks have a big influence because of hiring and judicial nominations by the Trump administration. Twenty-two former of Thomas’ former clerks were nominated for judgeships by President Donald Trump or hold appointments in the administration, the Associated Press reports. Thomas tends to hire clerks with…

Aug 6, 2018 12:55 PM CDT

Judge rules Trump administration must restore DACA

Updated: A federal judge in Washington, D.C., has ruled the government must restore the program protecting immigrants brought to the country illegally as minors. U.S. District Judge John Bates rejected the government’s latest explanation for its decision to wind down the program known as Deferred Action for Childhood Arrivals (DACA),…

Aug 6, 2018 9:15 AM CDT

Judge blocks publication of blueprints for 3D-printed guns in multistate suit

A federal judge in Washington state has issued a temporary restraining order that blocks the Trump administration from allowing publication of blueprints to produce guns from 3D printers. U.S. District Judge Robert Lasnik of Seattle ruled Tuesday in a suit filed by eight states and Washington, D.C., report the New…

Aug 1, 2018 8:15 AM CDT

Justice Department memo gives more power to agency chiefs to remove administrative law judges

A confidential U.S. Department of Justice memo says the Merit Systems Protection Board must be “suitably deferential” to agency chiefs who want to fire administrative law judges for inadequate performance. The memo, sent to top lawyers at federal agencies, says the DOJ will defend the good-cause requirement for removal of…

Jul 25, 2018 6:05 AM CDT

Proposed regulatory changes imperil protections in Endangered Species Act, environmentalists say

The Trump administration says proposed changes in regulations implementing the Endangered Species Act would reduce the regulatory burden on the American people while producing the best conservation results for the species.

Jul 20, 2018 7:00 AM CDT