The U.S. House of Representatives voted 231 to 180 on January 16 to pass a resolution under the Congressional Review Act (CRA) to block a final rule related to government forgiveness of certain student loan debt. Two hundred and twenty-five Democrats and six Republicans voted to pass the resolution while 179 Republicans and Justin Amash…
A group of states, the District of Columbia, and New York City filed a lawsuit on January 16 against the U.S. Department of Agriculture (USDA) in the U.S. District Court for the District of Columbia. The lawsuit argues that a December 2019 rule violated federal law and arbitrarily reversed decades of policies governing when states…
A three-judge panel of the United States Court of Appeals for the District of Columbia Circuit on January 10 unanimously ruled that a district court must reconsider a lawsuit arguing that the U.S. Department of Agriculture (USDA) violated the Administrative Procedure Act (APA). The American Anti-Vivisection Society and the Avian Welfare Coalition sued the USDA…
The United States Senate on January 9 voted 50-44 to confirm Paul Ray as administrator of the Office of Information and Regulatory Affairs (OIRA). OIRA is a federal agency located within the Office of Management and Budget (OMB) that reviews regulations, approves government information requests, and provides oversight of statistical and privacy policies. OIRA gives…
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit on December 10 unanimously rejected an Administrative Procedure Act (APA) challenge to the Food and Drug Administration’s (FDA) process for approving new e-cigarette products. An e-cigarette manufacturer joined with an e-cigarette advocacy group to sue the FDA, arguing that the agency violated…
On December 17, the U.S. Senate Committee on Homeland Security and Governmental Affairs approved Paul Ray, President Trump’s nominee to lead the Office of Information and Regulatory Affairs (OIRA). After approval, Ray’s nomination moved from the committee to await a vote in the full U.S. Senate. OIRA is a federal agency located within the Office…
A resolution introduced under the Congressional Review Act (CRA) in the U.S. House of Representatives on December 6 aims to block a new rule governing Supplemental Nutrition Assistance Program (SNAP) work requirement waivers. The new rule grants waivers to SNAP work requirements for able-bodied adults without dependents (ABAWD) only if the unemployment rate is…
The U.S. Supreme Court will decide a case next year that may restrict the ability of the executive branch to use expedited procedures in some asylum cases. At issue is whether asylum seekers may challenge the procedures used by immigration officials to deny an asylum application. In Department of Homeland Security (DHS) v. Thuraissigiam, the…
Idaho Governor Brad Little says that Idaho became “the least-regulated state in the country by cutting and simplifying 75 percent of regulatory rules in one year,” according to a press release from the governor’s office. In April of 2019, the Idaho State Legislature failed to pass legislation that would have reauthorized administrative rules in the state—essentially repealing…
On November 26, the U.S. Supreme Court released its upcoming argument calendar, which included dates it will hear oral argument in three upcoming cases related to the administrative state. On March 2, 2020, the court will hear Department of Homeland Security v. Thuraissigiam, which involves the question of when asylum seekers may challenge in…