Author: Molly Byrne
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Arizona legislature puts measure on Nov. ballot that would establish REINS-style oversight of agency rulemaking
The Arizona State Legislature on June 12, 2024, put a ballot measure on the Nov. 5 ballot that would amend state law to require legislative ratification of certain state agency rules. If voters approve the measure, proposed rules estimated to increase regulatory costs by more than $500,000 over five years will need legislative ratification to…
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SCOTUS issues decisions overturning Chevron, limiting SEC adjudication proceedings scope, and more
The U.S. Supreme Court issued its final decisions for the October 2023 term on July 1, 2024. The Supreme Court issued decisions in nine cases related to administrative law during the term. Some of the term’s administrative state-related SCOTUS rulings limited the authority and influence of administrative agencies. Notably, SCOTUS ruled against judicial deference to…
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Supreme Court overturns Chevron deference
The U.S. Supreme Court decided 6-3 to overturn Chevron doctrine on June 28, holding that federal courts may not defer to an agency’s interpretation of an ambiguous statute. In two consolidated cases—Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce—the court ruled that the Administrative Procedure Act (APA) requires courts to rely…
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Biden vetoes CRA resolution aimed at blocking SEC crypto asset guidance
President Joe Biden (D) on May 31 vetoed a Congressional Review Act (CRA) resolution that aimed to nullify Securities and Exchange Commission (SEC) guidance establishing accounting standards for financial firms with crypto assets. The resolution previously passed the House of Representatives 228-182 on May 8 and the Senate 60-38 on May 16. The SEC published…
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Oklahoma House of Representatives opts not to vote on proposed education rules, sends rules to governor for approval
The Oklahoma House of Representatives opted not to vote on a set of education rules before the end of the 2024 legislative session, sending the rules to Gov. Kevin Stitt (R) for approval. The rules previously passed the House Administrative Rules Committee 7-3 on May 14. Superintendent of Education Ryan Walters (R) proposed a set…
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SCOTUS dismisses case challenging FDA’s regulatory actions related to abortion pill
The U.S. Supreme Court on June 13, 2024, unanimously held in Food and Drug Administration v. Alliance for Hippocratic Medicine that the plaintiffs lacked standing to challenge the Food and Drug Administration’s (FDA) regulatory actions related to approved use conditions of mifepristone—a drug used in medication abortions. The FDA approved the drug mifepristone in 2000…
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Kansas enacts state-level REINS Act
The Kansas State Senate voted 27-12 on April 29, 2024, to override Governor Laura Kelly’s (D) veto of House Bill 2648—a bill to require legislative approval of administrative rules with implementation and compliance costs of $1,000,000 or more over a five-year period. The bill is a REINS-style state law, which is a legislative proposal modeled…
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Rhode Island House of Representatives advances bills to amend LEOBOR
The Rhode Island House of Representatives on May 9, 2024, voted 58-14 with bipartisan support to pass two bills aimed at amending the state’s Law Enforcement Officer Bill of Rights (LEOBOR). LEOBORs are a set of legal provisions that establish the due process rights of police officers during internal misconduct investigations. LEOBORs are enacted as…
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SCOTUS takes up challenges to ATF rule, judicial review of immigration decisions
The United States Supreme Court in April 2024 agreed to hear two cases in the 2024-2025 term concerning a U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule and judicial review of certain decisions made by immigration officials. SCOTUS on April 22 agreed to hear Garland v. VanDerStok—a case challenging the ATF’s authority to…