Tag: administrative state
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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…
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U.S. Supreme Court: CFPB structure is unconstitutional but the agency survives
In a 5-4 decision, the U.S. Supreme Court ruled in Seila v. CFPB that limiting the power of the president to remove the director of the Consumer Financial Protection Bureau (CFPB) violates the separation of powers of the U.S. Constitution. Congress created the CFPB as an independent agency with a director insulated from direct presidential…
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Which states require people to exhaust administrative appeals before challenging agency actions in state court?
A Ballotpedia study of all 50 state constitutions and administrative procedure acts (APAs) revealed that 18 states require people to exhaust administrative remedies offered by an agency before they can challenge that agency's adjudication actions in state court. Agency adjudication is a quasi-judicial process that takes place in the executive branch of the state government…