Tag: administrative state
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Federal Register weekly update: 611 new documents added
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 overall regulatory activity, accounting for both regulatory and deregulatory actions. From August 23 through August 27, the Federal Register grew by 1,344 pages for a…
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U.S. Supreme Court rules Federal Housing Finance Agency has unconstitutional structure
In Collins v. Yellen, the U.S. Supreme Court held that restrictions on the president’s authority to remove the director of the Federal Housing Finance Agency (FHFA) violated the separation of powers. In its June 23 decision, the court also rejected the argument that the FHFA actions at issue in the case went beyond the agency’s…
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Unanimous U.S. Supreme Court rules in favor of pre-enforcement challenge against IRS regulation
The U.S. Supreme Court ruled unanimously in CIC Services v. Internal Revenue Service that CIC Services, a risk management consulting firm, may challenge an IRS records reporting regulation without first violating the new regulation and paying a tax penalty. At issue was whether the Anti-Injunction Act (AIA), a federal law that bars lawsuits to prevent…
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U.S. Supreme Court dismisses case challenging regulations related to abortion under Title X family planning program
The U.S. Supreme Court dismissed American Medical Association v. Becerra in its order list published on May 17. The case concerned whether the U.S. Department of Health and Human Services (HHS) violated the Administrative Procedure Act (APA) and federal healthcare laws when it issued a 2019 rule that placed abortion-related restrictions on healthcare providers receiving…
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Checks and Balances: Biden EO spurs removal of publicly available guidance document portals
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 removal of publicly accessible guidance document…
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Congressional resolution would reverse Trump-era rule specifying when Social Security administrative appeals judges would decide cases
On April 1, 2021, U.S. Representative John Larson (D-Conn.) introduced a resolution in the U.S. House of Representatives under the Congressional Review Act (CRA) to block a rule made by the Social Security Administration (SSA) in November 2020. The rule, published in the Federal Register on November 16, 2020, aims to clarify when administrative appeals…
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Federal Register weekly update: 68 new final rules
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 overall regulatory activity, accounting for both regulatory and deregulatory actions. From April 5 through April 9—the 12th week of the Biden administration—the Federal Register grew…