Tag: administrative state
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U.S. Supreme Court hears oral argument in case involving when people may challenge IRS regulations
On December 1, the U.S. Supreme Court heard oral argument in CIC Services v. Internal Revenue Service, which asks whether a law that blocks preemptive lawsuits against tax collection applies to potentially unlawful regulations issued by agencies that are not taxes. CIC Services, LLC argues citizens should be able to “challenge illegal regulations in court,…
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Federal Register weekly update: More than 3,000 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 November 23 to November 27, the Federal Register grew by 1,824 pages for a year-to-date total of 76,418 pages. Over the same…
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Federal Register weekly update: More than 300 presidential documents 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 November 16 to November 20, the Federal Register grew by 1,696 pages for a year-to-date total of 74,594 pages. Over the same…
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Department of Health and Human Services proposes to sunset regulations
The U.S. Department of Health and Human Services (HHS) on November 4 published a proposed rule in the Federal Register that would sunset all of the agency’s regulations. The sunset process would set a 10-year expiration date for each agency rule, with certain exceptions, unless the agency conducts a retrospective review to keep the rule…
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Federal Register weekly update: Three new significant proposed 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 regulatory activity. From November 9 to November 13, the Federal Register grew by 1,676 pages for a year-to-date total of 72,898 pages. Over the same…
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Ballotpedia study shows that 25 state APAs and constitutions specify qualifications for administrative agency leaders
A Ballotpedia survey of all 50 state constitutions and administrative procedure acts (APAs) revealed that 25 state APAs and constitutions specify qualifications for administrative agency leaders and the other half of the states do not specify any required qualifications as of November 2020. Administrative agency leaders are those who direct the activities of state agencies.…
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U.S. Supreme Court agrees to hear Appointments Clause challenge to Social Security Administration ALJs
On November 9, the U.S. Supreme Court agreed to hear Carr v. Saul, a case involving the president’s appointment and removal power and whether people may raise Appointments Clause arguments in court that they did not make during administrative proceedings. The Social Security Administration (SSA) denied Willie Carr’s application for Social Security disability benefits and…
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Union sues to block Trump executive order reclassifying civil service employees
The National Treasury Employee’s Union (NTEU) on October 26 filed a lawsuit in the U.S. District Court for the District of Columbia that aims to block the implementation of President Donald Trump’s (R) Executive Order 13957. The order, issued on October 21, reclassifies federal civil service employees in the competitive service who serve in policy-related roles as members of the the excepted…
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Ballotpedia study shows that 12 state APAs define what qualifies as a guidance document
A Ballotpedia survey of all 50 state constitutions and administrative procedure acts (APAs) revealed that 12 state APAs include provisions that define what qualifies as a guidance document and the other 38 states do not have provisions in their APAs or constitutions defining guidance as of September 2020. Guidance is a term used to describe…
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Trump executive order aimed at increasing agency control of policy-related employees
President Donald Trump (R) on October 21 issued an executive order, “Executive Order on Creating Schedule F in The Excepted Service,” that directs agencies to reclassify federal civil service employees in the competitive service who serve in policy-related roles as members of the excepted service. Supporters of the order claim that the change will increase…