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Deference and its Discontents: Will the Supreme Court Overrule Chevron?

Description: The Chevron deference is a seminal administrative law doctrine established by the Court's opinion in the 1984 case of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. As several members of the Supreme Court are critical of the doctrine, this report discusses the possibility of the Court reconsidering Chevron in the near future.
Date: October 11, 2018
Creator: Brannon, Valerie C. & Cole, Jared P.
open access

Department of Health and Human Services Halts Cost-Sharing Reduction (CSR) Payments

Description: This report discusses the the case "House of Representatives v. Hargan" which was a case by the Department of Health and Human Services (HHS) appealing the House's decision to end cost-sharing reduction (CSR) payments. Questions regarding the status of the case and possible legal and legislative methods of restoring CSR payments are addressed.
Date: October 26, 2017
Creator: Liu, Edward C. & Staman, Jennifer A.
open access

District Court Decision May Help Pave the Way for Trump Administration's Border Wall Plans

Description: This report discusses the U.S. District for the Southern District of California's recent decision in a case brought by the State of California against the Department of Homeland Security (DHS) regarding DHS's right to waive environmental and other administrative laws for border fence building projects. The court agreed with other court rulings on the issue and affirmed DHS's right to waive the laws.
Date: April 2, 2018
Creator: Vann, Adam
open access

District Court Enjoins DACA Phase-out: Explanation and Takeaways

Description: This report is an update of a previous report regarding DACA's phase-out and discusses court injunctions preventing the the phase-out of DACA benefits for those already enrolled and a decision by a Maryland federal court which prevents the Department of Homeland Security (DHS) from using personal information found in DACA applications for law enforcement purposes except by permission of the court in uses needed for national security, public safety, or the public interest.
Date: March 7, 2018
Creator: Smith, Hillel R. & Harrington, Ben
open access

District Court Temporarily Blocks Implementation of Asylum Restrictions on Unlawful Entrants at the Southern Border

Description: This report discusses the Temporary Restraining Order (TRO) barring the Trump Administration from implementing new asylum restrictions. The asylum restrictions were prompted by reports of a "migrant caravan" traveling through Mexico to the southern border of the United States.
Date: November 27, 2018
Creator: Smith, Hillel R. & Harrington, Ben
open access

Do Courts Have Inherent Authority to Release Secret Grand Jury Materials?

Description: This report discusses the issue of releasing secret grand jury material. Although a long-established principle that has been deemed essential to the grand jury's functioning and independence is that matters occurring before it are to be kept secret, the Federal Rule of Criminal Procedure 6(e) establishes exceptions.
Date: October 5, 2018
Creator: Foster, Michael A.
open access

Dude, Where's My Jurisdiction? Congressional Efforts to Strip Federal Courts of Jurisdiction

Description: This report discusses Congress' right to strip federal courts of jurisdiction at any time including during litigation. It specifically discusses the case of "Patchak v. Jewell" concerning the Department of Interior's right to hold land in trust for a Native American tribe which led to Congress using their right to strip courts of jurisdiction to end the case.
Date: August 17, 2016
Creator: Library of Congress. Congressional Research Service.
open access

The Ebola Outbreak: Quarantine and Isolation Authority

Description: This legal sidebar discusses recent quarantine policies announced by several states, including New York and New Jersey, for travelers arriving from areas affected by the outbreak of Ebola Virus Disease, which have raised legal and constitutional questions about federal and state authority to order quarantine and isolation measures.
Date: October 28, 2014
open access

Eleventh Circuit Provides Guidance for the Definition of "Foreign Official" under the FCPA

Description: This legal sidebar discusses the opinion of the U.S. Court of Appeals for the Eleventh Circuit in United States v. Esquenazi, which is the first federal appellate court decision to provide guidance for and to flesh out the definition of the term "foreign official" under the Foreign Corrupt Practices Act (FCPA or Act).
Date: October 15, 2014
Creator: Seitzinger, Michael V.
open access

EPA Proposes to Repeal the Clean Power Act

Description: This report discusses the EPA's proposal to repeal the Obama Administration's 2015 rule "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units (EGUs)" commonly known as the Clean Power Plan (CPP). It includes information about the legal basis for the repeal, process, possible challenges and impacts, as well as actions that Congress might take.
Date: October 25, 2017
Creator: Tsang, Linda
open access

EPA Proposes to Repeal the Clean Power Plan

Description: This report is an update of an earlier report regarding the EPA's (Environmental Protection Ageny's) proposed repeal of the Clean Power Plan, which was intended to reduce greenhouse gas emissions. On Dec. 28, 2017 the EPA issued an Advanced Notice of Proposed Rulemaking (ANPRM) seeking input on creating a new replacement regulation for the previous Clean Power Plan.
Date: January 4, 2018
Creator: Tsang, Linda
open access

EPA Proposes to Repeal the Clean Power Plan

Description: This report discuses the EPA proposal in October 2017 to repeal the "Clean Power Plan" due to their determination after review of the rule that it exceeded their statutory authority to implement it. Steps in the process of repealing the rule, the outcome of the current court case regarding the rule, and possible replacement rules regarding Carbon dioxide emissions and power plants.
Date: November 13, 2017
Creator: Tsang, Linda
open access

The Essential Judge Brett M. Kavanaugh Reader: What Cases Should You Read?

Description: This report highlights many of Judge Brett M. Kavanaugh's judicial opinions that have received the greatest degree of attention from legal observers. Judge Kavanaugh, whom President Trump has nominated to fill the impending Supreme Court vacancy caused by Justice Anthony M. Kennedy's retirement from the Court, has amassed a voluminous record of judicial writings during his legal career. These writings are certain to be a key topic of interest as the Senate prepares to hold hearings and a possib… more
Date: July 25, 2018
Creator: Garcia, Michael John
open access

The Essential Neil Gorsuch Reader: What Judge Gorsuch Cases Should You Read?

Description: This report outlines significant cases on which Supreme Court nominee Neil Gorsuch had voted while on the Tenth Circuit court, organized by topical categories. These categories represent fields of law where Judge Gorsuch could, if confirmed, influence the High Court's approach.
Date: February 13, 2017
Creator: Library of Congress. Congressional Research Service.
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