U.S. District Judge Michael McShane issued a nationwide preliminary injunction to block a rule issued by the U.S. Department of Health and Human Services (HHS) aimed at keeping Title X fund recipients from engaging in abortion-related activities. McShane’s ruling follows a similar decision made by Judge Stanley Bastian in the Eastern District of Washington, who…
U.S. District Judge Stanley Bastian issued a preliminary injunction to block a new Trump administration rule aimed at keeping Title X fund recipients from engaging in abortion-related activities. Preliminary injunctions keep a new rule from going into effect while a court decides how to resolve legal challenges brought against it. In this case, the U.S.…
U.S. District Judge Michael McShane said he would issue a preliminary injunction to block a new Trump administration rule aimed at keeping Title X fund recipients from engaging in abortion-related activities, according to Maxine Bernstein at The Oregonian. Bernstein also reported that McShane called the Department of Health and Human Services (HHS) rule a “ham-fisted…
Idaho Governor Brad Little signed two executive orders in January 2019 aimed at reducing state regulations on businesses and individuals in Idaho. He said that the orders would “help simplify Idaho state government and make it more accountable to citizens.” The first executive order, the Licensing Freedom Act of 2019 (LFA), makes changes to…
Attorney General William Barr overruled a 2005 decision by the Board of Immigration Appeals (BIA) that had allowed some aliens to post bond and leave detention after establishing a credible fear of persecution or torture. Barr’s decision, issued on April 16, 2019, held that the Immigration and Nationality Act (INA) and subsequent regulations required the…
The White House may soon exercise more oversight of independent agencies like the Federal Reserve Board and the Securities and Exchange Commission (SEC). An April 11 guidance memo published by the acting director of the Office of Management and Budget (OMB) establishes rules for compliance with the Congressional Review Act (CRA). It amends earlier OMB…
A federal judge threw out a Trump administration rule designed to expand association health plans (AHP). The Department of Labor (DOL) rule allowed self-employed people to join associations that provided group health insurance plans like those offered by employers. United States District Court Judge John Bates’ 43-page opinion, issued on March 28th, said that the…
A new Arizona law directs state regulatory agencies to issue licenses or certifications for new residents who were already licensed in their previous state. The law allows people who move to Arizona to continue working in their career field without having to attend state-specific training. For example, licensed nurses in Texas would not have to…
Biestek v. Berryhill asked whether agency experts must provide data supporting their testimony during benefits hearings. On April 1st, the U.S. Supreme Court ruled, “not categorically.” The court held that reviewing courts could uphold agency decisions even when experts withhold requested data. Justice Elena Kagan, writing for a 6-3 majority, argued that a blanket…
During oral argument on March 27, 2019, for Kisor v. Wilkie, Justice Stephen Breyer said overturning Auer deference “sounds like the greatest judicial power grab since Marbury v. Madison.” He argued that, without Auer, judges could make decisions best left to experts in executive agencies. Justice Neil Gorsuch held a different view, arguing that federal…