All articles tagged with #administrative law
Robert F. Kennedy Jr. faces legal and procedural hurdles in his efforts to overhaul the US pediatric immunization schedule, as any unilateral policy change must follow the Administrative Procedure Act, involve proper deliberative processes, and could be challenged in court, especially given his recent actions and the established role of the CDC's advisory committee.
A federal judge in Washington, D.C. ruled that Kari Lake cannot unilaterally fire the Voice of America director, citing legal requirements for congressional approval and adherence to statutory procedures, amidst ongoing disputes over the broadcaster's management and independence.
A federal judge ruled that the EPA's termination of $600 million in environmental justice grants was unlawful, affirming that the agency exceeded its authority by ending funds designated for low-income and communities of color, and emphasizing that Congress intended these funds for environmental justice efforts.
Amazon has filed a legal document claiming the National Labor Relations Board (NLRB) is "unconstitutional" in connection with a 2023 case accusing the company of breaking labor rules. The e-commerce giant argues that the NLRB's structure violates the separation of powers and its hearings can seek legal remedies beyond what's allowed without a trial by jury, similar to claims made by SpaceX in a separate lawsuit earlier this year. Both companies are challenging the NLRB's authority, despite the common use of administrative law by various federal agencies.
Four Supreme Court justices are considering overruling the Chevron v. National Resources Defense Council decision, which limits federal judges' ability to make policy decisions. Justices Roberts and Barrett are uncertain about the decision, with Barrett expressing concerns about the disruptive consequences of overruling Chevron and Roberts downplaying its significance. Overruling Chevron would transfer an immense amount of power to the justices, effectively making them the ultimate decision-makers on policy questions previously handled by federal agencies. The case raises the question of whether unelected judges should have such authority, and the outcome remains uncertain.
The Supreme Court's conservative majority signaled a potential shift in federal regulatory power by considering a case that could limit agencies' ability to interpret laws passed by Congress, known as "Chevron deference." The case involves a 2020 federal regulation requiring fishing vessel owners to pay for at-sea monitors, but the focus of the arguments centered on the 40-year-old legal doctrine of Chevron deference. Critics argue that this doctrine gives federal agencies too much power, and the conservative justices appeared open to curtailing it, expressing concerns about its impact on different classes of individuals. A decision from the court is expected by the summer.
The Supreme Court is considering whether to overturn the Chevron deference, a key 1984 decision that empowers executive agencies and affects countless regulations. Overturning this precedent could transfer power from agencies to Congress and the courts, potentially impacting areas such as the environment, health care, and consumer safety. The doctrine requires judges to defer to agencies' reasonable interpretations of ambiguous statutes, and the cases being considered involve objections to a maritime agency's interpretation of a 1976 law regarding overfishing prevention.
The Supreme Court is set to hear arguments in a significant battle over the authority of federal agencies, particularly focusing on the Chevron deference doctrine, which dictates how much deference judges should give to federal agency regulations and executive branch decisions when interpreting ambiguous laws. A ruling against agency power could significantly limit federal regulators' authority and impact policymaking under the Biden administration and beyond, with potential implications for a wide range of federal government policies.
Republican presidential candidate Vivek Ramaswamy hopes that the U.S. Supreme Court will overturn the FDA's approval of the abortion pill, arguing that the agency exceeded its authority in approving it. Ramaswamy believes the case is more about administrative law and the FDA approval process rather than abortion itself. The Supreme Court has agreed to hear the case, which could potentially restrict access to the abortion drug nationwide. Pro-life doctors have challenged the FDA's approval of the drug, while the Biden administration and the drug manufacturer are asking the court to reverse an appellate ruling that would impose restrictions on the drug's use. Ramaswamy sees the case as a symptom of issues within the administrative state and believes that expanding abortion access should be done through Congress.
The US Supreme Court will hear a case that could potentially limit the authority of federal agencies, including environmental regulations. The case involves the Chevron Doctrine, which grants agencies deference when Congress left ambiguity in a statute. The Herring fishing company Loper Bright Enterprises is appealing a ruling that left in place a National Marine Fisheries Service regulation based on the doctrine. The regulation requires herring fishing boats to allow a federal observer aboard to oversee operations and compensate them for their time. The company argues the regulation significantly decreases their profit margin, and the agency had no authorization to impose it.