Tag: administrative state
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FDA to implement coronavirus guidance without public comment
The U.S. Food and Drug Administration (FDA) announced that the agency would implement coronavirus guidance documents without first holding comment periods to solicit public feedback. The agency stated that it would not be feasible or appropriate to review public comments before implementing coronavirus guidance documents. Guidance documents, which advise interested parties about how agencies implement…
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OMB requests emergency coronavirus funding for federal agencies, urges telework flexibility
The White House Office of Management and Budget (OMB) on March 17 requested $45.8 billion in emergency funding to boost agency response efforts to the coronavirus outbreak. The funding aims to help agencies “maintain [full operational] capacity and ensure that resource needs created by the pandemic response are met,” according to the request. Much of…
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Federal agencies roll out guidance document websites
Federal agencies have taken steps to increase public access to agency guidance documents after the February 28 deadline passed for agencies to comply with Executive Order 13891, which required agencies to make guidance documents publicly available through an online portal. Guidance documents—non-binding agency publications that explain, interpret, or advise on rules, laws, and procedures—have been historically difficult…
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Justice Gorsuch argues against deference in criminal cases
Justice Gorsuch released a statement critical of applying Chevron deference to laws involving criminal penalties following the U.S. Supreme Court’s March 2 decision not to hear Guedes v. Bureau of Alcohol, Tobacco, Firearms and Explosives. The case challenged the Trump administration’s decision to outlaw bump stocks through regulation. Under Chevron deference, federal courts must defer…
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Fifth Circuit upholds limits on presidential removal power over CFPB head
A panel of judges on the U.S. Court of Appeals for the Fifth Circuit decided 2-1 to uphold the structure of the Consumer Financial Protection Bureau (CFPB). The court’s March 3 opinion said that the legal restrictions on the president’s authority to remove the head of the agency were “valid and constitutional.” Judge Stephen Higginson,…
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Virginians to decide constitutional amendment transferring redistricting powers from legislature to commission
On March 5, the Virginia House of Delegates voted 54-46 to approve a resolution placing a redistricting-related constitutional amendment on the ballot for November 3, 2020. The ballot measure would transfer the power to draw the state’s congressional and legislative districts from the state legislature to a 16-member redistricting commission composed of eight state legislators…
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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 March 2 to March 6, the Federal Register grew by 1,268 pages for a year-to-date total of 13,474 pages. Over the same…
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OIRA reviewed 44 significant rules in February
The White House Office of Information and Regulatory Affairs (OIRA) reviewed a total of 44 significant regulatory actions issued by federal agencies in February 2020. The agency approved one rule without changes and approved the intent of 36 rules while recommending changes to their content. Agencies withdrew seven rules from the review process. OIRA reviewed…
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Federal Register weekly update; 2020 page total exceeds 10,000 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 February 17 to February 21, the Federal Register grew by 1,552 pages for a year-to-date total of 10,268 pages. Over the same…
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Georgia lawmakers vote to limit judicial deference
The Georgia House of Representatives voted 158-8 on Tuesday to approve legislation that would end the practice of judicial deference to tax regulations in the state. House Bill 538—sponsored by state Representatives Todd Jones (R), Mitchell Scoggins (R), and Brett Harrell (R)—would require the Georgia Tax Tribunal to decide all questions of law without deference to the regulations…