Administrative Law

Federal judge blocks guidance on bathroom, locker room access for transgender students and employees

A federal judge in Tennessee has blocked guidance that says federal bans on sex discrimination protect transgender students and employees who want to use bathrooms and locker rooms and play on sports teams that correspond with their gender identity.

Jul 18, 2022 10:05 AM CDT

Retired Supreme Court Justice Breyer to head ABA ROLI board

Former U.S. Supreme Court Justice Stephen Breyer will become the next chair of the Rule of Law Initiative Board, the ABA announced Friday. ROLI’s current portfolio includes work in more than 50 countries.

Jul 15, 2022 10:25 AM CDT

Biden administration can’t require emergency abortions, Texas lawsuit says

The state of Texas is challenging Biden administration guidance that says emergency rooms that receive Medicare funds must provide abortions. If a pregnant patient is experiencing a medical emergency as defined by the law, and abortion is a stabilizing treatment that would resolve the condition, the abortion must be provided, according to U.S. Department of Health & Human Services guidance.

Jul 14, 2022 3:30 PM CDT

Chemerinsky: This SCOTUS term moved the law ‘dramatically in a conservative direction’

The U.S. Supreme Court's October 2021 term was one of the momentous in history. The only analogy I can think of is 1937 for its dramatic changes in constitutional law. This is the first full term with Justice Amy Coney Barrett on the high court, and we saw the enormous effects of having a 6-3 conservative majority.

Jul 7, 2022 8:46 AM CDT

Supreme Court allows Biden to end remain-in-Mexico policy; chief justice’s opinion joined by Kavanaugh, liberal justices

The U.S. Supreme Court ruled for the Biden administration on Thursday when it allowed repeal of the remain-in-Mexico policy for asylum-seekers.

Jun 30, 2022 10:13 AM CDT

SCOTUS limits EPA’s authority to regulate climate change, cites ‘major questions’ doctrine curbing agency power

Updated: The U.S. Supreme Court ruled 6-3 Thursday that the Environmental Protection Agency didn’t have broad power to regulate climate change under the Clean Air Act.

Jun 30, 2022 9:32 AM CDT

Retiring Supreme Court Justice Breyer will receive ABA Medal

“We could not find a more deserving recipient of our association’s highest honor, the ABA Medal,” ABA President Reginald Turner said. “Justice Breyer is a giant in the legal world who has dedicated nearly 50 years of his career to public service.”

Jun 28, 2022 11:43 AM CDT

Weekly Briefs: Transgender students would be covered by Title IX; lawyer’s contempt conviction upheld

Title IX protections would be expanded

The Biden administration has proposed changes that would expand protections for sex discrimination under Title IX of the Education Amendments of 1972, the federal…

Jun 24, 2022 3:42 PM CDT

Weekly Briefs: Fish definition includes bees, court says; judge decries ‘fair-weather originalism’

Bees can sometimes be considered fish, court says

Bees can be protected under the California Endangered Species Act because they are invertebrates within the law’s definition of fish, the California…

Jun 10, 2022 11:56 AM CDT

Supreme Court protects Border Patrol agents from constitutional claims; dissent hits ‘drive-by’ immunity

The U.S. Supreme Court on Wednesday ruled against the owner of the “aptly named” Smuggler’s Inn in his quest to sue a Border Patrol agent for allegedly roughing him up and then retaliating against him for reporting the incident.

Jun 8, 2022 1:52 PM CDT

Appeals judge accused of excessive delays agrees to retire

The presiding justice of California’s Third District Court of Appeal has agreed to retire and accept a public admonishment to resolve ethics allegations that he “engaged in a pattern of delay” in deciding cases.

Jun 6, 2022 8:50 AM CDT

Greenhouse gas estimates that justify tougher regulations remain intact after SCOTUS refuses to act

The U.S. Supreme Court on Thursday left intact the Biden administration’s higher estimates of the social cost of greenhouse gases, which are used by federal agencies when drafting new regulations and making permitting decisions.

May 27, 2022 8:46 AM CDT

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.

May 23, 2022 10:11 AM CDT

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.

May 19, 2022 11:15 AM CDT

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.

May 9, 2022 3:44 PM CDT