Author: Jace Lington
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Justice Kavanaugh open to reviving the nondelegation doctrine
In a statement published with the U.S. Supreme Court’s November 25 orders, Justice Brett Kavanaugh hinted that he would consider reviving the nondelegation doctrine. Suggesting that at least some congressional delegations of power are in his view unconstitutional, Kavanaugh argued that Justice Neil Gorsuch’s analysis of the nondelegation doctrine in Gundy v. United States (2019)…
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U.S. Supreme Court case asks whether courts may review certain Patent Trial and Appeal Board decisions
On December 9, the U.S. Supreme Court will hear oral argument in the case Thryv, Inc. v. Click-To-Call Technologies, LP. The case will determine whether people may challenge certain Patent Trial and Appeal Board (PTAB) decisions in court. A decision that restricts judicial review would make it harder for those who lose patent fights at…
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U.S. Supreme Court hears oral argument in immigration case that could limit executive branch powers
On November 12, the U.S. Supreme Court heard oral argument in the case Department of Homeland Security v. Regents of the University of California. In this case, the court will decide whether the U.S. Department of Homeland Security (DHS) lawfully ended the Deferred Action for Childhood Arrivals (DACA) program. The DACA program protected certain individuals…
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Immigration case could limit judicial power to review agency decisions
On December 9, the U.S. Supreme Court will hear oral arguments in Guerrero-Lasprilla v. Barr, a case that could determine whether courts may review how immigration judges rule on requests to reopen deportation cases. In 1998, Pedro Pablo Guerrero-Lasprilla, a Colombian national living in the United States, was deported after being convicted of aggravated…
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U.S. Supreme Court extends time for oral argument in pending immigration case
On November 1, the U.S. Supreme Court added twenty extra minutes for oral argument in the case Department of Homeland Security v. Regents of the University of California. Under Supreme Court Rule 28, each side is allowed 30 minutes to make their arguments, but the court has the authority to lengthen that time. In this…
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Group of 17 states brings administrative law challenge against new Endangered Species Act rules
On September 25, a group of 17 states, Washington, D.C., and New York City, joined together to sue the Trump administration in an effort to block three new rules that changed how federal agencies enforce the Endangered Species Act (ESA). The lawsuit argues that the U.S. Fish and Wildlife Service and National Marine Fisheries Service…
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Fifth Circuit pauses SEC action while it resolves appointment power question
On September 24, a panel of judges on the Fifth Circuit Court of Appeals ordered the Securities and Exchange Commission (SEC) to delay enforcement proceedings against an accountant until after the court resolves a pending legal challenge. The accountant, Michelle Cochran, argues that since the president cannot fire the SEC Administrative Law Judge (ALJ) that…
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Fifth Circuit finds federal housing agency structure unconstitutional
On September 6, 2019, the Fifth Circuit Court of Appeals ruled 9-7 that the structure of the Federal Housing Finance Agency (FHFA) is unconstitutional. The Fifth Circuit sent the case back to the district court to decide how to resolve remaining questions about how the FHFA decided to handle the finances of Fannie Mae and…
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U.S. Supreme Court lifts injunction, lets Trump administration enforce new asylum rule
On September 11, the U.S. Supreme Court granted the Trump administration’s request to lift an injunction that was blocking the enforcement of a new rule dealing with asylum seekers. The court’s order allows the rule to go into effect while legal challenges against it come before the 9th Circuit Court of Appeals and, potentially,…
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Federal Judge restores nationwide injunction against Trump administration asylum rule
On September 9, Judge Jon S. Tigar of the U.S. District Court for the Northern District of California restored the nationwide scope of an injunction against a Trump administration asylum rule. He had originally issued a nationwide injunction against the rule in July, but the 9th Circuit Court of Appeals narrowed its scope to only…