President Trump issued a Presidential Memorandum directing federal agencies to review and repeal regulations deemed unlawful based on recent Supreme Court decisions, bypassing normal notice-and-comment procedures. The directive allows agencies to use the ‘good cause’ exception in the …
Donald TrumpTrump AdministrationLee ZeldinOffice of Information and Regulatory Affairskleptocracytrump-administrationderegulationadministrative-lawregulatory-capture
In a 6-3 decision, the Supreme Court overturned Chevron deference, eliminating the long-standing doctrine that required courts to defer to federal agencies’ reasonable interpretations of ambiguous statutes. This landmark ruling fundamentally reshapes administrative law, requiring courts to …
Supreme Court of the United StatesChief Justice John RobertsNational Marine Fisheries Serviceadministrative-lawchevroncourtssupreme-courtjudicial-reform
The Supreme Court granted a 5-4 stay on June 27, 2024, blocking the EPA’s Good Neighbor Plan addressing interstate ozone pollution while litigation proceeds. Justice Gorsuch’s majority opinion found EPA failed to reasonably explain its methodology after some states left the program. The …
Supreme Court of the United StatesEPAJustice Neil Gorsuch (majority opinion)Justice Amy Coney Barrett (dissent)State of Ohio (applicant)+2 moreadministrative-lawcourtsenvironmentclean-air-actgood-neighbor-provision+3 more
In a 6-3 decision on June 27, 2024, the Court held the Seventh Amendment requires jury trials when the SEC seeks civil penalties for securities fraud, ending the agency’s use of in-house administrative law judge proceedings for such cases. Chief Justice Roberts’ majority opinion found …
Supreme Court of the United StatesSecurities and Exchange CommissionChief Justice John Roberts (majority opinion)Justice Neil Gorsuch (concurring)Justice Clarence Thomas (concurring)+4 moreadministrative-lawcourtsenforcementseventh-amendmentjury-trial-rights+3 more
The Supreme Court unanimously held the plaintiffs lacked Article III standing to challenge FDA’s 2016/2021 actions on mifepristone, leaving the agency’s changes in place. Justice Kavanaugh delivered the opinion, with the Court finding that the Alliance for Hippocratic Medicine failed to …
Supreme Court of the United StatesFood and Drug Administrationadministrative-lawcourtsstandingsupreme-courtabortion-rights
In Department of Commerce v. New York, the Supreme Court held that the Secretary’s stated
rationale for adding a Census citizenship question was “contrived” and set aside the decision.
Separate court filings introduced the late GOP strategist Thomas Hofeller’s 2015 study and …
U.S. Department of CommerceU.S. Census BureauSupreme Court of the United StatesThomas Hofellercensusvoting-rightsredistrictingadministrative-law
Trump signed EO 13771 on January 30, 2017, establishing a “two-for-one” rule requiring agencies to eliminate two existing regulations for every new regulation, with zero net cost increase. A November 2017 OIRA report claimed agencies achieved a 22-to-1 deregulatory ratio in eight months, …
Donald TrumpOffice of Information and Regulatory Affairs (OIRA)Public Citizen (plaintiff)Natural Resources Defense Council (plaintiff)Judge Randolph D. Moss+1 moreexecutive-orderregulationderegulationtwo-for-one-ruleregulatory-costs+1 more