Category: Federal
-
Federal Register weekly update; highest weekly presidential document total of 2020 to date
The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s regulatory activity. From May 4 to May 8, the Federal Register grew by 1,326 pages for a year-to-date total of 27,644 pages. Over the same…
-
10th Circuit upholds ATF redefinition of “machinegun” that banned bump stocks, citing Chevron deference
On May 7, a panel of judges on the United States Court of Appeals for the Tenth Circuit ruled that an ATF redefinition of machinegun that banned bump stocks did not violate Article I of the U.S. Constitution. Plaintiffs argued that since Congress had not banned bump stocks by law, the ATF and DOJ lacked…
-
NYT highlights federal law allowing for the repeal of administrative agency regulations
The New York Times in its May 7 morning briefing discussed the use of the Congressional Review Act (CRA) during the Trump administration to reverse certain regulations issued by the Obama administration. Trump administration officials, according to the Times, are working to ensure that the administration’s own regulations are not similarly vulnerable to reversal under…
-
U.S. Supreme Court agrees to hear case about judicial review of IRS regulations
On May 4, the U.S. Supreme Court agreed to hear CIC Services, LLC v. Internal Revenue Service, which asks whether a law that blocks preemptive lawsuits against tax collection applies to potentially unlawful regulations issued by agencies that are not taxes. Plaintiff CIC Services, LLC argues citizens should be able to “challenge illegal regulations in…
-
Supreme Court issues opinions on cases involving property fraud and immigration
On May 7, the Supreme Court of the United States (SCOTUS) issued rulings in two cases argued during its October 2019 term. The court has issued 31 decisions this term. Kelly v. United States concerned a scheme to reduce local traffic lanes on the George Washington Bridge as retaliation after Fort Lee’s mayor refused to…
-
SCOTUS declines to take up challenge against Pennsylvania order curtailing non-essential business operations
On May 6, the Supreme Court of the United States declined to intervene in a lawsuit over a Pennsylvania order curtailing the operations of non-essential businesses, allowing the state supreme court’s ruling, which upheld the order, to stand. On March 24, the plaintiffs (a number of Pennsylvania businesses) petitioned the Supreme Court of Pennsylvania to vacate Governor Tom Wolf’s (D) March…
-
Special election in Wisconsin’s 7th Congressional District to be held May 12
On May 12, Tom Tiffany (R) and Tricia Zunker (D) will face off in the special election for Wisconsin’s 7th Congressional District to fill the vacancy left by former Rep. Sean Duffy (R). During his daily COVID-19 briefing on April 29, Gov. Tony Evers (D) said the special election would proceed as planned. The candidates participated…
-
In Michigan, federal appeals court partially overturns lower court order modifying candidate filing procedures
On May 5, the United States Court of Appeals for the Sixth Circuit ruled that a district court judge who ordered modifications to Michigan’s candidate filing procedures had erred in doing so. Although the appeals court agreed that the original requirements were unconstitutional, it found that the lower court had exceeded its authority in mandating…
-
Trump has appointed second-most federal judges through May 1 of a president’s fourth year
Donald Trump has appointed and the Senate has confirmed 194 Article III federal judges through May 1, 2020, his fourth year in office. This is the second-most Article III judicial appointments made through this point in all presidencies since Jimmy Carter (D). The Senate had confirmed 208 of Carter’s appointees at this point in his…
-
SCOTUS grants review in two cases for October Term 2020-2021
On May 4, the Supreme Court of the United States (SCOTUS) accepted two cases to its merits docket for its upcoming term scheduled to begin on October 5, 2020. The cases have not yet been set for argument. Edwards v. Vannoy came on a writ of certiorari to the U.S. Court of Appeals for the…