News & Analysis as of

Administrative Procedure Act Supreme Court of the United States Biden Administration

Schwabe, Williamson & Wyatt PC

Fifth Circuit Reverses Injunction on Federal Contractor Minimum Wage

On February 4, in Texas v. President Trump & Department of Labor, a Fifth Circuit panel reversed a permanent injunction issued by the U.S. District Court for the Southern District of Texas. The injunction prohibited the...more

Nossaman LLP

Relying on Loper, Fifth Circuit Sends Chevron-based decision Back to District Court, calling ESG Rule into Question

Nossaman LLP on

On July 18, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) vacated a decision by the U.S. District Court for the Northern District of Texas (“District Court”) that upheld the U.S. Department of Labor’s...more

ArentFox Schiff

Implications of the Dissolution of the Chevron Doctrine on New Title IX Rules

ArentFox Schiff on

On June 28, the US Supreme Court overruled the Chevron doctrine, significantly reducing the power of federal agencies’ staff acting as experts in interpreting federal statutes. The Loper Bright v. Raimondo ruling said that...more

ArentFox Schiff

Three Cases Highlight the Importance of Judicial Branch Procedural Rules in Resolving Policy Disputes

ArentFox Schiff on

Policy debates normally focus on substance. Is climate change real? How can business entities weigh environmental, social, and governance (ESG) factors into their decision-making? ...more

Ballard Spahr LLP

President Biden Vetoes Congressional Override of CFPB Section 1071 Small Business Lending Rule

Ballard Spahr LLP on

As previously reported, the U.S. House of Representatives, by a vote of 221-202, voted under the Congressional Review Act to override the CFPB’s final Section 1071 small business lending rule (1071 Rule), and the U.S. Senate,...more

Ballard Spahr LLP

House votes to override CFPB small Business lending rule

Ballard Spahr LLP on

Last week, by a vote of 221-202, the House of Representatives voted to approve S.J. 32, the resolution introduced under the Congressional Review Act to override the CFPB’s final Section 1071 small business lending rule (1071...more

Dorsey & Whitney LLP

Supreme Court to Reconsider the Chevron Doctrine: Does the Bell Toll for Judicial Deference to Administrative Agencies?

Dorsey & Whitney LLP on

Early next year, the Supreme Court will hear oral arguments in a pair of cases, which could overrule the Chevron doctrine and thereby end nearly forty years of judicial deference to federal administrative agencies’...more

Jackson Lewis P.C.

States Lack Standing to Sue Over Immigration-Enforcement Guidelines, U.S. Supreme Court Rules

Jackson Lewis P.C. on

Texas did not have standing to challenge the Biden Administration’s policy priorities regarding removal of noncitizens, the U.S. Supreme Court has ruled. United States v. Texas, No. 22-58 (June 23, 2023)....more

Mintz

Surprise! A 9th Circuit Clean Water Act opinion that a member of the Supreme Court majority could have written!

Mintz on

This week three Judges of the Ninth Circuit Court of Appeals agreed that a District Court Judge exceeded his authority in vacating an EPA regulation without first determining that the regulation was unlawful. The Trump...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Biden v. Texas

On June 30, 2022, the U.S. Supreme Court decided Biden v. Texas, No. 21-954. The Court held that the Immigration and Nationality Act (INA) does not prohibit the Biden administration’s Department of Homeland Security (DHS)...more

Constangy, Brooks, Smith & Prophete, LLP

DACA Struck Down By Federal Judge, Approval Of New Applications Enjoined

On July 16, a federal judge in Texas vacated the Deferred Action for Childhood Arrivals program. Judge Andrew Hanen ruled that the DACA was unlawfully created by the Executive Branch in violation of the Administrative...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Developments

Even as President Biden has appointed a commission to study potential institutional reforms of the U.S. Supreme Court, his administration’s most immediate impact at the Court came through a flurry of filings early this year...more

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