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Supreme Court of the United States › Administrative Authority

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Venable LLP

New Executive Orders Declare “So-Called” Independent Agencies No Longer Independent

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Last week, President Trump issued two executive orders aimed squarely at upending the long-accepted authority and independence of certain federal agencies. The first order, Ensuring Accountability for All Agencies, derides...more

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

Member of Congress Introduces Bill to Abolish Occupational Safety and Health Administration

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U.S. Representative Andy Biggs (R-AZ) first introduced the “Nullify the Occupational Safety and Health Administration Act” or “NOSHA Act” in November 2021, legislation aimed at abolishing the Occupational Safety and Health...more

BCLP

TCPA Landscape Set to Shift With Supreme Court's Grant of Certiorari to Mclaughlin Junk Fax Case

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Just a few months after the United States Supreme Court voted 6-3 to overturn the long-standing and widely applied legal precedent known as “Chevron deference,” it has agreed to hear a case that could entirely shift the...more

Jackson Lewis P.C.

U.S. Supreme Court: No Judicial Review of Revoked Visa Petitions

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The U.S. Supreme Court held in Bouarfa v. Mayorkas, No. 23-583 (Dec. 10, 2024), that one cannot appeal a U.S. Citizenship and Immigration Services (USCIS) revocation of an approved visa petition in federal court because such...more

Epstein Becker & Green

Agency Actions Remain Judicially Unreviewable Where Congress Has Legislated Clear Agency Authority - SCOTUS Today

Epstein Becker & Green on

In its first decision on the merits in the current term, a unanimous U.S. Supreme Court (per Jackson, J.) has held in Bouarfa v. Mayorkas that revocation of an approved visa petition under 8 U.S.C. §1155, based on a...more

Cooley LLP

Will SCOTUS revive the nondelegation doctrine? Cert. granted in Consumers’ Research v. FCC

Cooley LLP on

When SCOTUS granted cert. in SEC v. Jarkesy, the case challenging the constitutionality of the SEC’s administrative enforcement proceedings, one of the questions presented was whether the statute granting authority to the SEC...more

Clark Hill PLC

Administrative Law Report - November 2024, Vol. 2

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Welcome to your monthly rundown of all things administrative law, where we highlight all the happenings you may have missed....more

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

How a Game-Changing Supreme Court Decision Affects MSHA

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Among the highly consequential decisions issued by the Supreme Court of the United States at the end of the most recent term is a long-anticipated one that stands to bring about a seismic shift in administrative law....more

K&L Gates LLP

The Post-Chevron Toolkit: The New Era for Regulatory Review

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In a landmark ruling on 28 June 2024, the US Supreme Court expressly overruled the 40-year-old Chevron doctrine with its decision in Loper Bright Enterprises v. Raimondo, eliminating the requirement that courts defer to...more

Ballard Spahr LLP

Citing Jarkesy, Asbury Automotive Group files suit challenging FTC administrative proceeding

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One of the country’s largest automotive retailers filed suit against the Federal Trade Commission (“FTC”) on October 4, arguing that the Supreme Court’s recent landmark decision in Securities and Exchange Commission v....more

Venable LLP

A "Tsunami of Lawsuits Against Agencies"? Taking Stock of the Post-Chevron Government Contracting World

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The U.S. Supreme Court's blockbuster decision in Loper Bright Enterprises v. Raimondo overruled a 40-year-old case (Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.) that required courts to defer to agencies'...more

Cooley LLP

Last term SCOTUS gave the administrative state quite a thumping. Does it still have the urge to curb?

Cooley LLP on

If you thought that SCOTUS’ decision in Loper Bright last term tolling the bell for the 70-year old Chevron doctrine was the end of SCOTUS’ drubbing of the administrative state, look again—you may well be sorely mistaken. You...more

Carlton Fields

Breeze or Gale? Unanswered Questions at the Heart of the Supreme Court’s Recent Administrative Law Decisions

Carlton Fields on

When legal historians look back on the U.S. Supreme Court’s 2024 term, the most eye-popping decisions will almost certainly be the immunity and ballot access claims lodged by former President Trump. Those opinions are,...more

Williams Mullen

The Supreme Court's Decision in SEC v. Jarkesy and Its Implications for EPA's Administrative Enforcement

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The Supreme Court's recent decision in SEC v. Jarkesy, 144 S. Ct. 2117, 219 L. Ed. 2d 650 (2024) marks a significant shift in the landscape of administrative enforcement, particularly concerning the power of federal agencies...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Decisions Curtail Regulatory Agencies’ Powers, Making It Easier To Challenge Rules

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The U.S. Supreme Court’s 2023 term is another chapter in the Roberts Court’s trend of shifting power away from administrative agencies and into the hands of courts....more

Cranfill Sumner LLP

After Jarkesy, What Is Next for In-House Enforcement Proceedings?

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Much virtual ink has been spilled in the weeks and months since the Supreme Court issued its opinion in Securities and Exchange Commission v. Jarkesy—much attesting to that the decision was the death knell for in-house...more

Frantz Ward LLP

First Attempt to Use the Supreme Court's Jarkesy Decision to Limit the Ability of FINRA to Assess Monetary Sanctions in...

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In our post at the end of June of this year we analyzed the Supreme Court’s decision in SEC v Jarkesy, which held that the right to trial by jury in an Article III Court contained in the Seventh Amendment to the Constitution...more

Mandelbaum Barrett PC

How the Supreme Court’s Loper Decision Overturns Chevron Doctrine and Impacts Employment Law

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The Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, __ U.S. __ (2024), overturning the 40-year-old Chevron doctrine, drastically reshapes administrative law....more

Cadwalader, Wickersham & Taft LLP

Loper Bright, Jarkesy, and Implications for the SEC

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“Chevron is overruled,” Chief Justice Roberts wrote in Loper Bright Enterprises v. Raimondo, because “[t]he deference that Chevron requires of courts reviewing agency action cannot be squared with the [Administrative...more

Fenwick & West LLP

Disclosure Trend: Risk Factors Post-Chevron

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Life sciences companies are adding risk factor language in response to the U.S. Supreme Court overturning the Chevron Doctrine. As you may recall, the U.S. Supreme Court recently overturned the Chevron Doctrine....more

Schwabe, Williamson & Wyatt PC

The Net-Net: How the Supreme Court’s Administrative Law Rulings Could Transform the Tech Industry ‎

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This summer, the Supreme Court ended its term shortly after issuing game-changing rulings that modify the authority of federal agencies. Given the result of restraining agencies such as the FTC and FCC from interpreting and...more

WilmerHale

In That Case: Securities and Exchange Commission v. Jarkesy

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In this episode, co-host Michael Dawson is joined by Noah Rosenblum, an assistant professor of law at NYU and former WilmerHale summer associate, to discuss the Supreme Court’s decision in Securities and Exchange Commission...more

Conn Maciel Carey LLP

Destabilized But Not Yet Deconstructed: Analysis of This Momentous SCOTUS Term for the Administrative State

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The 2023-2024 Term of the United States Supreme Court will undoubtedly have far-reaching implications in a number of areas, but perhaps most significantly—at least for regular readers of the OSHA Defense Report blog—with...more

SEC Compliance Consultants, Inc. (SEC³)

Regulatory Roundup for July 2024

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SEC Loses in ALJ Case, DOL’s Latest Fiduciary Rule Put on Hold, and SEC Reconsiders AI and Custody Rule Proposals - Welcome to our July Regulatory Roundup, where we provide a quick look at the latest regulatory developments....more

Jackson Lewis P.C.

U.S. Supreme Court Decision Limits SEC’s Ability to Use Administrative Proceedings in Fraud Cases

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The U.S. Supreme Court held that when the Securities and Exchange Commission (SEC) seeks civil penalties against a defendant for securities fraud, the Seventh Amendment of the U.S. Constitution entitles the defendant to a...more

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