Tag: administrative state
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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…
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Federal Register weekly update; 11 significant final rules published so far in 2020
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 10 to February 14, the Federal Register grew by 1,526 pages for a year-to-date total of 8,716 pages. Over the same…
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Virginia pilot program aims to reduce regulations
The Virginia General Assembly created a regulatory reduction pilot program in 2018 that aims to cut regulations in two state agencies by 25% before July 1, 2021. Both agencies cut regulations faster than planned, according to a progress report published in October 2019. Under the program, the Virginia Department of Professional and Occupational Regulation (DPOR)…
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Oklahoma Governor issues executive order to cut regulations
Oklahoma Governor Kevin Stitt (R) issued an executive order on February 3 designed to prune state regulations by 25%. The order has two main requirements. First, state agencies must review their administrative rules and list any that are expensive, ineffective, redundant, or outdated. Next, for all new restrictive rules proposed after February 15, 2020, agencies…