1007 ABA Journal Administrative Law articles.

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…

Trump tosses hiring process for administrative law judges, gives agency chiefs selection power
Updated: President Donald Trump on Tuesday signed an executive order eliminating the exam and competitive hiring process for administrative law judges.
Meet Brett Kavanaugh, Trump’s nominee for the Supreme Court
Judge Brett Kavanaugh explained his judicial philosophy when he accepted President Donald Trump’s nomination Monday evening to replace Justice Anthony M. Kennedy to the U.S. Supreme Court.
Judge orders stop to blanket detention of asylum seekers at 5 locations
A federal judge in Washington, D.C., has temporarily barred blanket detentions of people seeking asylum based on a credible fear of persecution in their home countries.
Boies Schiller lawyer sues for documents related to Andrew McCabe’s firing
A lawyer for Andrew McCabe filed a lawsuit on Tuesday to obtain documents related to the former deputy FBI director's firing in March.
UN human rights office calls on Trump administration to stop separating immigrant families
The office of the United Nations high commissioner for human rights has called on the United States to immediately stop its practice of separating families at the border, calling it “a serious violation of the rights of the child.”
Judges and the administrative state
The term “administrative state,” or the more pejorative term “deep state” are trending concepts that conjure up images of conspiracies and government bureaucrats run amok.
Judicial independence and accountability in administrative law
The administrative law judiciary, both state and federal, has a greater need to demonstrate its judicial independence than the judicial branch because there have been long-held perceptions by segments of the public, that administrative law adjudicators—who are designated as “ALJs,” “hearing officers,” or “hearing examiners”—are too cozy with the agencies whose cases they hear.
A third federal judge rules against DACA phaseout, but goes further than two previous judges

A third federal judge has ruled against the phaseout of a program protecting immigrants brought to the country illegally as minors, but he has gone further to protect the program…

New judicial litmus test, used to select Gorsuch, aims to shrink the ‘administrative state’

Past Republican administrations have employed an unspoken litmus test on judicial picks. The judges had to be anti-abortion or they had to have conservative views on social issues.

But the…

California suit says census citizenship question violates enumeration clause

Some state attorneys general reacted quickly after the Trump administration announced late Monday that it was adding a citizenship question to the 2020 census.

California Attorney General Xavier Becerra…

Political lawsuits bring the Administrative Procedure Act to the forefront
The Administrative Procedure Act, a little-noticed federal law regarding how government agencies may enact rules, is gaining currency because of its use in lawsuits against the Trump administration, NBC News reports.
Abuses revealed of watchdog public-records laws
State freedom of information laws are intended to allow citizens to keep tabs on their governments. While they expose wrongdoing, mismanagement, reckless spending and even scandal, they also can be abused.
Same-sex couple sues federally funded refugee adoption agency for discrimination

A law professor and her wife have sued the federal government, alleging that a federally funded child services agency refused to consider placing a child with them because they don’t…

Federal officials consider changing hurdle for student borrowers hoping to erase debt in bankruptcy

The U.S. Department of Education will review whether there is a need to change the way “undue hardship” is evaluated in bankruptcy for student borrowers seeking to erase their loans.

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