Administrative Law

991 ABA Journal articles on Administrative Law.

Did some agencies violate the Antideficiency Act by staying open during the shutdown?

Some legal experts are questioning whether the government violated the Antideficiency Act by keeping some parks open and some agencies operating during the three-day government shutdown that ended on Monday.

Supreme Court accepts case on endangered frog that tests reach of federal law
The U.S. Supreme Court on Monday agreed to consider a case involving an endangered frog and regulations affecting private property.
Health-care workers with moral or religious objections have support of new HHS division

The Department of Health and Human Services has a new division to help protect health-care workers with moral or religious objections to providing certain types of care.

The agency’s website…

22 attorneys general file petition to block FCC decision repealing net neutrality

Twenty-one states and the District of Columbia have taken the first step in a bid to block the repeal of net neutrality rules.

The 22 jurisdictions filed a petition…

Supreme Court accepts cases on appointment of SEC judges, retailer sales taxes, redistricting

The U.S. Supreme Court granted review in 12 cases Friday, including a challenge to the appointment process for administrative law judges at the Securities and Exchange Commission.

At issue in…

Judge blocks DACA rescission; White House calls decision ‘outrageous’
A federal judge in San Francisco has issued a nationwide injunction that temporarily blocks the phase-out of a program protecting immigrants brought to the country illegally as minors.
Manafort sues DOJ and special counsel who indicted him, says Mueller was given improper authority

Former Trump campaign chairman Paul Manafort claims in a lawsuit that the order appointing special counsel Robert Mueller improperly gave Mueller the power to investigate matters that are “unmoored” to…

Supreme Court says judge ruled on DACA document turnover too soon
The U.S. Supreme Court said Wednesday that a federal judge ruled too soon when he ordered document disclosure in lawsuits challenging the Trump administration’s decision to wind down a program protecting immigrants brought to the country illegally as minors.
FCC repeals net neutrality rules; at least 2 state AGs plan to challenge
At least two state attorneys general announced they will join a multistate lawsuit challenging Thursday's decision by the Federal Communications Commission to repeal net neutrality rules requiring internet providers to provide equal access to apps and websites.
US asks Supreme Court to block order requiring production of documents on DACA wind-down
The U.S. Justice Department on Friday asked the U.S. Supreme Court to block a federal judge’s order to turn over additional documents regarding the government’s wind-down of a program protecting immigrants brought to the country illegally as children.
Congress overturns consumer bureau rule limiting mandatory arbitration in bank contracts
Vice President Mike Pence cast a tie-breaker vote in the Senate on Tuesday to overturn a rule to limit mandatory arbitration clauses in contracts between consumers and financial institutions.

Sessions criticizes ‘fake’ asylum claims, reportedly seeks numeric goals for immigration judges
Updated: Immigration judges are raising concerns about a reported proposal by the U.S. Justice Department to evaluate their performance based on numeric standards.
EPA chief announces rule to repeal Obama administration’s Clean Power Plan

Environmental Protection Agency administrator Scott Pruitt announced Monday that he will repeal the Obama administration’s Clean Power Plan through a proposed rule that will be published in the Federal Register.

More employers can exclude birth control coverage under ACA based on moral or religious grounds
More employers can exempt themselves from providing contraceptive coverage under the Affordable Care Act as a result of new regulations issued on Friday that accommodate moral as well as religious objections.
FDA warns bakery CEO and lawyer that ‘love’ isn’t an actual ingredient

The U.S. Food and Drug Administration has warned a Massachusetts bakery that the word “love” should not be on its ingredient list.

The FDA’s Sept. 22 letter told the…

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