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15 Jun 2022, 11:34 am
If the statute does not directly foreclose HHS's understanding, we defer to the agency's reasonable interpretation. [read post]
12 Sep 2021, 9:16 am
Put more simply, the federal government does not have to fund health care services that make people sick. [read post]
17 Jun 2021, 7:05 am
Although this Court has erred twice before in cases involving the Affordable Care Act, it does not err today. [read post]
3 Feb 2024, 11:29 am
Here's the QP for both cases: Whether the Court should overrule Chevron or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency. [read post]
15 Apr 2014, 8:25 am
To my mind, this suggests the rule does not directly advance the government's interests either, but the court did not rest its holding on this ground.] [read post]
2 Jul 2020, 8:00 am
As mentioned, Section 717r provides that a rehearing application may be deemed denied if the Commission does not act upon it within thirty days. 15 U.S.C. [read post]
12 Dec 2022, 9:23 am
A lot of people who would not necessarily know each other end up doing other things together that are not what the Federalist Society does. [read post]
25 Aug 2021, 2:07 pm
Thus, showing that a given property satisfies the regulations does not demonstrate that the property is, in fact, subject to CWA regulation. [read post]
11 Nov 2022, 2:37 pm
But that does not mean this regulation will be easy to defend in court, particularly insofar as it requires contractors to report supply-chain emissions (Scope 3 emissions). [read post]
26 Jun 2019, 5:29 pm
How does Munsingwear apply here? [read post]
20 Apr 2020, 8:02 am
Many academics think this is an error, and Justice Thomas has long indicated he does as well. [read post]
1 Oct 2022, 3:21 pm
At present, half the states already protect wetlands and waters more broadly than does the federal government. [read post]
28 Feb 2022, 9:21 am
Circuit's decision does not require reimposition of the Clean Power Plan. [read post]
9 Jun 2014, 7:11 am
In this case, Doe v. [read post]
7 Apr 2020, 5:11 pm
(The dissent also does not test its reasoning, and it does not engage with the constitutional claims.) [read post]
6 Jul 2020, 8:07 pm
Put in common parlance, the tail (one unconstitutional provision) does not wag the dog (the rest of the codified statute or the Act as passed by Congress). [read post]
13 Dec 2019, 5:06 pm
These conclusions are not particularly surprising, but it would still be premature to conclude the FDA's current regulatory approach does not raise serious constitutional concerns. [read post]
18 Jun 2021, 11:17 am
Indeed, he does not consider the actions or intent of other members of Congress at all. [read post]
26 Mar 2024, 6:21 am
" Standing to challenge one agency action does not necessarily establish standing to challenge another. [read post]
5 Nov 2014, 5:01 pm
Additionally, it is undisputed that the rule in question does not contain any jurisdictional element that would limit its reach to takes that have an explicit connection to interstate commerce. [read post]
