Tag: administrative state
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Consumer Financial Protection Bureau ratifies previous actions after U.S. Supreme Court ruled agency structure unconstitutional
On July 10, the Consumer Financial Protection Bureau (CFPB) published a rule in the Federal Register ratifying several prior actions taken between 2012 and 2020. The rule came in the wake of the U.S. Supreme Court ruling in Seila Law that the agency’s structure was unconstitutional. The new CFPB rule states that court precedent allows…
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Checks and Balances: July 2020
The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process and the rule of law. This edition: In this month’s edition of Checks and Balances, we review the U.S. Supreme Court’s decision not to…
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Federal Register weekly update; highest weekly final rule 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 July 6 to July 10, the Federal Register grew by 1,818 pages for a year-to-date total of 41,904 pages. Over the same…
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Mississippi Supreme Court reaffirms end of state-level Chevron deference; Georgia legislation to end deference to state tax agency fails to pass
The Mississippi Supreme Court on May 28 unanimously held in a tax and gambling case that a state tax statute requiring judicial deference to a state agency’s interpretation of an unclear law—a doctrine known as Chevron deference at the federal level—was unconstitutional because it prohibited the court from exercising its constitutional duty to interpret the…
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Indiana moves administrative law judges to central panel
The state of Indiana on July 1 launched the new Office of Administrative Law Proceedings (OALP) to serve a central hub for the state’s administrative law judges (ALJs) and agency adjudicative proceedings. The Indiana General Assembly passed legislation in 2019 authorizing the creation of the OALP. The new central office transitions ALJs away from direct…
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U.S. Supreme Court: Agencies had authority to create religious and moral exemptions from Obamacare contraception mandate
With a 7-2 decision in Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, the U.S. Supreme Court upheld religious and moral exemptions to Obamacare’s contraception mandate. The majority opinion held that federal agencies followed proper procedures under the Administrative Procedure Act (APA) to create the exemptions, and that the Little Sisters…
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FEC loses quorum once again with commissioner’s resignation
The Federal Election Commission (FEC) is down to having three members after former chair Caroline Hunter (R) resigned from the commission July 3. The six-member body requires four members to form a quorum, which is the number of active commissioners needed for the FEC to formally conduct business. Under the Federal Election Campaign Act, a…
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Federal Register tops 40,000 pages
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 June 29 to July 3, the Federal Register grew by 1,346 pages for a year-to-date total of 40,086 pages. Over the same…
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OIRA reviewed 72 significant rules in June
The White House Office of Information and Regulatory Affairs (OIRA) reviewed a total of 72 significant regulatory actions issued by federal agencies in June 2020. The agency approved 12 rules without changes and approved the intent of 54 rules while recommending changes to their content. Agencies withdrew six rules from the review process. OIRA reviewed…
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U.S. Supreme Court releases opinions on abortion, CFPB, and education
The Supreme Court of the United States (SCOTUS) issued decisions in five cases this week. The court has issued decisions in 52 cases so far this term. The court usually finishes releasing all opinions for the term by the end of June. This year, the court will issue opinions in July for the first time…