Category: Uncategorized

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…

Earlier this week Republican leaders in the Senate used a procedural tactic known as the nuclear option to change the process for confirming judicial nominees. This is the third time the procedural tactic has been used since 2013. Republicans cheered the change while Democrats have been critical of the tactic. But aside from the partisan…

In March 2019, the White House Office of Information and Regulatory Affairs (OIRA) reviewed 27 significant regulatory actions issued by federal agencies. The agency approved three rules without changes and approved the intent of 23 rules while recommending changes to their content. One rule was subject to a statutory or judicial deadline.   OIRA reviewed…

While third party and independent candidates win fewer elections than members of the two major parties, they can often affect an election, especially if their supporters would have voted for a different candidate had they not been in the race.   In 2018, 143 third party or independent candidates received more votes than the margin…

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…

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.   During the week of March 25 to March 29, the number of pages in the Federal Register increased by 1,076 pages, bringing…

Judge John McBryde of the U.S. District Court for the Northern District of Texas expressed concern on Tuesday in his opinion in Cochran v. SEC over the constitutionality of the administrative law judges (ALJs) at the Securities and Exchange Commission (SEC).   The plaintiff, Michelle Cochran, appealed an adverse decision from an SEC ALJ in…

A new rule banning bump stocks will remain in force while critics challenge it in court. The U.S. Supreme Court rejected two requests to pause the ban while lower courts decide pending cases. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) bump stock rule went into effect on March 26. It requires owners of…

Each state has its own specific method for selecting judges but there are four primary selection types: partisan election, nonpartisan election, legislative election, and gubernatorial appointment.   A majority (26) of state supreme courts use gubernatorial appointment, while 22 use either partisan or nonpartisan elections. Two states, South Carolina and Virginia, select state supreme court…

Ballotpedia introduced a new initiative in 2018: Candidate Connection. We surveyed candidates at the federal, state, and local levels to help voters choose representatives who reflected their values and upheld their ideals.   A total of 1,957 candidates responded. They came from all but two of the 50 states and ran for all levels of…