Administrative Law

1021 ABA Journal Administrative Law articles.

Auer deference precedent targeted by business groups may be overturned by SCOTUS

The U.S. Supreme Court on Monday agreed to consider whether to overrule two cases requiring courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.


Another court rules against Trump administration’s grant restrictions to sanctuary jurisdictions
A federal judge in New York City has ruled that the Trump administration did not have the authority to withhold public safety grants from sanctuary jurisdictions that refuse to cooperate in immigration enforcement.
Judge blocks Keystone XL pipeline pending additional climate-impact review

A federal judge in Montana on Thursday blocked construction of the Keystone XL pipeline connecting Canadian oil sands fields to Texas refineries, citing the need for additional review of the…

With new rules, legally fixing consumer electronics just got easier

Late last week, the Librarian of Congress and the U.S. Copyright Office filed new rules that would give consumers unprecedented legal authority to fix their own consumer electronics.


Federal court in Texas declares Indian Child Welfare Act unconstitutional
A Northern Texas federal district court struck down portions of the Indian Child Welfare Act last Thursday, finding that the disputed sections violate the Fifth Amendment’s equal protection guarantee by mandating racial preferences.
House of Delegates urges end to mandatory arbitration of sexual harassment claims
After a year in which sexual harassment in the workplace has taken center stage, the ABA House of Delegates voted to urge legal employers not to require mandatory arbitration of such claims.
Proposed federal rule would bypass settlement on the rights of unaccompanied immigrant minors

A federal rule to be proposed Friday would effectively withdraw the United States from a decades-old settlement regarding the treatment of unaccompanied immigrant minors, the Washington Post reported Thursday.

Union for immigration judges files grievance over removal of cases from Philly judge
The union that represents federal immigration judges has filed a grievance over the removal of dozens of cases from an immigration judge in Philadelphia who had delayed the deportation of a Guatemalan man.
22 former Thomas clerks have landed Trump administration jobs or judicial nominations

Justice Clarence Thomas’ former law clerks have a big influence because of hiring and judicial nominations by the Trump administration.

Twenty-two former of Thomas’ former clerks were nominated for judgeships…

Judge rules Trump administration must restore DACA

Updated: A federal judge in Washington, D.C., has ruled the government must restore the program protecting immigrants brought to the country illegally as minors.

U.S. District Judge John Bates rejected…

Judge blocks publication of blueprints for 3D-printed guns in multistate suit

A federal judge in Washington state has issued a temporary restraining order that blocks the Trump administration from allowing publication of blueprints to produce guns from 3D printers.

U.S. District…

Justice Department memo gives more power to agency chiefs to remove administrative law judges

A confidential U.S. Department of Justice memo says the Merit Systems Protection Board must be “suitably deferential” to agency chiefs who want to fire administrative law judges for inadequate performance.

Proposed regulatory changes imperil protections in Endangered Species Act, environmentalists say

The Trump administration says proposed changes in regulations implementing the Endangered Species Act would reduce the regulatory burden on the American people while producing the best conservation results for the species.

ABA president says Trump order could politicize the process of hiring administrative law judges
Updated: ABA President Hilarie Bass says President Donald Trump’s executive order eliminating the competitive hiring process for administrative law judges is “ill-considered and legally vulnerable.”
Kavanaugh praised Rehnquist’s stand against unenumerated rights in Roe v. Wade dissent

The late Chief Justice William H. Rehnquist was Brett Kavanaugh’s “first judicial hero,” the Supreme Court nominee said in a Constitution Day speech last September.

Kavanaugh praised Rehnquist for taking…

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