News & Analysis as of

Separation of Powers Judicial Review

King & Spalding

Lawmakers Armed with Loper are Preparing to Take Aim at HHS Policies

King & Spalding on

On July 10, 2024, HHS found itself a recipient of one of the dozens of letters sent to various federal agencies by Republican lawmakers. These letters task the federal agencies to themselves identify areas where the agencies...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Ruling Questions Constitutionality of FTC’s and SEC’s Administrative Adjudications Processes - Is OSHA Next?

On April 14, 2023, the Supreme Court of the United States opened the door for new challenges to the federal administrative state. In a unanimous decision in a pair of consolidated cases, Axon Enterprise, Inc. v. Federal Trade...more

BakerHostetler

Supreme Court Clears the Way for Constitutional Challenges to SEC, FTC Administrative Forums in Federal District Court

BakerHostetler on

In Axon Enterprise, Inc. v. FTC and SEC v. Cochran, the respondents in administrative agency enforcement actions brought suit in federal district court, challenging the constitutionality of each respective agency’s attempt to...more

Miller Canfield

Supreme Court Expands the Path to Challenge the Authority of Administrative Agencies in Federal Court

Miller Canfield on

Consistent with federal courts’ recent pattern of limiting the reach of administrative agencies, the Supreme Court held on April 14, 2023, that a challenge to the constitutional authority of an administrative law judge...more

Holland & Knight LLP

Supreme Court's 9-0 Ruling Paves Way for Constitutional Challenges to Administrative Proceedings

Holland & Knight LLP on

The U.S. Supreme Court on April 14, 2023, issued a unanimous opinion holding that federal district courts can consider constitutional challenges to administrative proceedings before such agencies issue final rulings. In Axon...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: The FTC (Always) Wins

This week, a divided Ninth Circuit panel holds (with some apparent reluctance) that constitutional challenges to the Federal Trade Commission (FTC) cannot be brought directly in federal court, but must instead wend their way...more

Dorsey & Whitney LLP

The Supreme Court - October 21, 2019

Dorsey & Whitney LLP on

On Friday afternoon, the Supreme Court of the United States granted certiorari in the following four cases: Seila Law LLC v. Consumer Financial Protection Bureau, No. 19-7: (1) Whether the vesting of substantial executive...more

Fisher Phillips

Non-Lawyers Can No Longer Represent Kentucky Employers At Unemployment Proceedings

Fisher Phillips on

The Kentucky Court of Appeals just held that non-lawyers may no longer represent employers in unemployment proceedings, ruling that such a practice is unconstitutional. As a result, you must immediately adjust any business...more

Snell & Wilmer

Arizona Governor Doug Ducey Signs Legislation to Eliminate ‘Chevron Deference’

Snell & Wilmer on

On April 11, 2018, Arizona Governor Doug Ducey signed House Bill 2238, which eliminates the judicial doctrine commonly known as “Chevron deference.” One of the most well-known doctrines of administrative law, “Chevron...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Shaking Things Up – The Trump Administration, Regulatory Change, and Administrative Law: Allan Gates (Mitchell Williams) National...

My law firm colleague Allan Gates undertook a webinar presentation for the National Association of Clean Water Agencies (“NACWA”) titled: - Shaking Things Up – The Trump Administration, Regulatory Change, and...more

Proskauer Rose LLP

D.C. Circuit Joins Seventh Circuit in Rejecting Court Challenges to Pending SEC Administrative Enforcement Proceedings

Proskauer Rose LLP on

The U.S. Court of Appeals for the District of Columbia Circuit held today that federal District Courts do not have subject-matter jurisdiction to entertain challenges to ongoing SEC administrative enforcement proceedings. A...more

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