Tag: administrative state
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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…
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U.S. Supreme Court limits SEC enforcement powers
The U.S. Supreme Court’s June 22 ruling in Liu v. SEC limited the Securities and Exchange Commission’s (SEC) enforcement powers. The court ruled 8-1 that the SEC could ask courts to issue disgorgement orders, which require wrongdoers to give up money gathered illegally, with some restrictions. The court held that valid disgorgement orders must be…
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Federal Register weekly update; highest weekly final rule total since March
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 22 to June 26, the Federal Register grew by 1,410 pages for a year-to-date total of 38,740 pages. Over the same…
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Federal Register weekly update; tops 37,000 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 15 to June 19, the Federal Register grew by 1,192 pages for a year-to-date total of 37,330 pages. Over the same…
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Maryland and Florida see leadership changes in ALJ corps
Leadership changes occurred this week in Maryland and Florida’s administrative law judge (ALJ) corps. The governor’s power to appoint head ALJs in these and similar states helps the executive direct and oversee state administrative activity. Maryland Governor Larry Hogan (R) on June 9 appointed Chung Ki Pak to serve as the state’s new chief ALJ.…
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Federal Register weekly update; lowest weekly page total since first week of January
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 8 to June 12, the Federal Register grew by 1,182 pages for a year-to-date total of 36,138 pages. Over the same…
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Survey reveals state limits on who can challenge agency actions in court
A Ballotpedia survey of all 50 state constitutions and administrative procedure acts (APAs) revealed that 42 states place limits on access to state courts to challenge agency actions. For this survey, Ballotpedia set out to learn whether states limited who could challenge the outcome of agency adjudication actions in court. Most states allowed any aggrieved…
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Checks and Balances: June 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 potential implications of the coronavirus pandemic…
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Ballotpedia study examines statutes governing state-level judicial deference to agency interpretations
Two Ballotpedia surveys of all 50 state constitutions and administrative procedure acts (APAs) analyzed the different ways states approach judicial deference to administrative agencies. Judicial deference — the principle of judicial review in which a court yields to an agency’s interpretation of a statute or regulation — is one of five pillars key to understanding…