Author: Jace Lington
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U.S. Supreme Court allows DHS to enforce public charge rule in Illinois
The U.S. Supreme Court on February 21 voted 5-4 to allow the U.S. Department of Homeland Security (DHS) to enforce in Illinois a rule that allows the federal government to deny immigrants a visa or a green card if they rely on government assistance. The court let DHS enforce the same rule elsewhere in the…
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U.S. Supreme Court includes birth control case on April argument calendar
A U.S. Supreme Court case scheduled for April 29 could clarify when notice-and-comment procedures satisfy the requirements of the Administrative Procedure Act (APA), allowing individuals to challenge more federal laws and regulations on religious grounds. The case, Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania , is about whether the Trump administration had…
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Virginia pilot program aims to reduce regulations
The Virginia General Assembly created a regulatory reduction pilot program in 2018 that aims to cut regulations in two state agencies by 25% before July 1, 2021. Both agencies cut regulations faster than planned, according to a progress report published in October 2019. Under the program, the Virginia Department of Professional and Occupational Regulation (DPOR)…
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New York sues federal agencies over new travel restrictions
The state of New York on February 10 filed suit in the U.S. District Court for the Southern District of New York arguing that the U.S. Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) violated the Administrative Procedure Act (APA) when they blocked New York residents from participating in Trusted Traveler…
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Survey finds 44 states do not prohibit delegation of legislative power to agencies
A Ballotpedia survey of all 50 state constitutions and administrative procedure acts (APAs) revealed that 44 states, 88%, had no prohibition against the delegation of legislative power to agencies as of January 2020. The nondelegation doctrine refers to limits placed on transferring legislative authority to the executive branch or to administrative agencies. The doctrine is…
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Oklahoma Governor issues executive order to cut regulations
Oklahoma Governor Kevin Stitt (R) issued an executive order on February 3 designed to prune state regulations by 25%. The order has two main requirements. First, state agencies must review their administrative rules and list any that are expensive, ineffective, redundant, or outdated. Next, for all new restrictive rules proposed after February 15, 2020, agencies…
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Justice Neil Gorsuch argues against nationwide injunctions
U.S. Supreme Court Justice Neil Gorsuch, joined by Justice Clarence Thomas, wrote a concurring opinion to a recent case arguing that lower courts often abuse their judicial powers when they issue nationwide injunctions. Gorsuch ended his opinion saying he hoped that the U.S. Supreme Court would resolve questions about the rise of nationwide injunctions. The U.S.…
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U.S. Supreme Court allows DHS to enforce public charge rule
The U.S. Supreme Court on January 27 voted 5-4 to allow the U.S. Department of Homeland Security (DHS) to begin enforcing a rule that authorizes the federal government to deny immigrants a visa or a green card if they rely on government assistance. DHS issued the final rule detailing how federal agencies determine the inadmissibility…
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ACUS lists information federal agencies must publish online
The Administrative Conference of the United States (ACUS) published a fact sheet on January 16 that identifies the materials federal agencies must include on their websites. The fact sheet cites several sections of the United States Code that require federal agencies to share certain documents online. The fact sheet includes the following selected document types:…
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10th Circuit hears oral argument in case challenging ATF bump stock ban
The United States Court of Appeals for the 10th Circuit on January 22 heard oral argument in Aposhian v. Barr, a case claiming that the U.S. Department of Justice (DOJ) and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) violated Article I of the U.S. Constitution when they issued a 2018 rule redefining bump…