Tag: administrative state
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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…
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Federal Register weekly update: 1,430 pages 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 regulatory activity. From October 19 to October 23, the Federal Register grew by 1,430 pages for a year-to-date total of 67,630 pages. Over the same…
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U.S. Senate rejects CRA resolution to block changes to the Community Reinvestment Act
On October 19, the U.S. Senate rejected a Congressional Review Act (CRA) resolution to block a new banking rule issued by the Office of the Comptroller of the Currency (OCC). The resolution, passed by the U.S. House in June, failed on a procedural vote of 48 to 43 in the U.S. Senate. Democratic members of…
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Ballotpedia study finds that 36 state APAs limit ex parte communications between hearing officers and the parties involved in agency adjudication
A Ballotpedia survey of all 50 state constitutions and administrative procedure acts (APAs) revealed that 36 state APAs limit ex parte communications between hearing officers and the parties involved in adjudication, as of October 2020. No state constitutions restrict contact between agency hearing officials and parties in a case. Ex parte communications are any form…
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Ballotpedia study shows that 29 state APAs require administrative agencies to conduct a cost-benefit analysis before implementing rules
A Ballotpedia study of all 50 state constitutions and administrative procedure acts (APAs) showed that 29 state APAs require administrative agencies to conduct a cost-benefit analysis before implementing rules, as of September 2020. Cost-benefit analysis is an aspect of agency dynamics, one of the five pillars key to understanding the main areas of debate about…
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Federal Register weekly update: 2020 page total tops 60,000 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 September 21 to September 25, the Federal Register grew by 1,510 pages for a year-to-date total of 60,682 pages. Over the same period in 2019 and…