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15 Apr 2023, 10:36 am by Jonathan H. Adler
[Those claiming they are subject to unconstitutional agency proceedings need not suffer through agency proceedings before bringing their claims to federal court.] [read post]
14 Apr 2023, 6:20 am by Nicholas Bagley
” (Jonathan Adler at Case Western Law School has a good explanation for why the D.C. [read post]
14 Apr 2023, 6:20 am by Nicholas Bagley
” (Jonathan Adler at Case Western Law School has a good explanation for why the D.C. [read post]
13 Apr 2023, 8:53 pm by Jonathan H. Adler
[The appeals court's unpublished order avoids some of the district court's errors, but still has some significant problems, especially with regard to standing.] [read post]
10 Apr 2023, 1:26 am by Orin S. Kerr
  In his free time, he has started up an excellent Substack on legal issues (mentioned here before by Jonathan Adler). [read post]
8 Apr 2023, 6:54 am by Jonathan H. Adler
[On Good Friday, two district courts issued decisions on the FDA's approval of the abortion drug mifepristone.] [read post]
5 Apr 2023, 1:10 pm by Jonathan H. Adler
[The plaintiff states lack standing to challenge the Biden Administration's interim Social Cost of Carbon estimates] Today a unanimous panel of the U.S. [read post]
29 Mar 2023, 12:03 pm by Jonathan H. Adler
[And this lawsuit faces many of the same administrative law hurdles as does AHM v. [read post]
28 Mar 2023, 2:19 pm by Jonathan H. Adler
Here is Hawley's response: Without addressing the merits of the FDA's approval of mifepristone in 2000—under regulations requiring the FDA to find that pregnancy is a "serious or life-threatening illness"—or its deregulation of mifepristone to allow mail-in abortions in violation of the FDCA and other federal laws, Professor Adler suggested in these pages that the serious legal issues involved in Alliance for Hippocratic Medicine v. [read post]
28 Mar 2023, 7:30 am by Ilya Somin
But as my co-blogger Jonathan Adler notes in a recent article for the Brennan Center, many states have barred such deference to agencies when it comes to their state law. [read post]
25 Mar 2023, 8:05 am by Jonathan H. Adler
[The Eighth Circuit joins the First, Third, Fourth, Ninth, and Tenth in rejecting the arguments for removal, but Judge David Stras writes an interesting concurrence.] [read post]
24 Mar 2023, 11:31 am by Jonathan H. Adler
[Another opinion exposing the Food and Drug Administration's vaping problem. ] In January, the Food & Drug Administration denied R.J. [read post]
21 Mar 2023, 3:38 am by Jonathan H. Adler
[Is testimony over Zoom consistent with a criminal defendant's Constitutional rights?] [read post]
20 Mar 2023, 8:52 am by Jonathan H. Adler
[A nominee's work defending a state parental-notification law in 2005 may be a stumbling block to his confirmation.] [read post]
20 Mar 2023, 8:34 am by Jonathan H. Adler
[The Court's newest justice questions whether her colleagues are too quick to vacate lower court decisions.] [read post]
18 Mar 2023, 8:03 am by Guest Author
In a recent post on this blog, Jonathan Adler has written an imaginative contribution to the currently lively controversy over the propriety of nationwide injunctions. [read post]
16 Mar 2023, 2:26 pm by Samuel Bray
(For new entrants into that debate on the APA, see this piece by Jonathan Adler, arguing no at the Notice & Comment blog of the Yale Journal on Regulation; and this piece for a Notre Dame Law review symposium by Ronald Levin, which argues that the APA is a framework statute, and its evolution is supposed to be guided by the courts, and the post-APA development of universal vacatur is one such salutary evolution.) [read post]
16 Mar 2023, 1:37 pm by Jonathan H. Adler
[The Sixth Circuit rejects a suit against the jam maker for requiring employees to get the jab.] [read post]