Articles Posted in Administrative Law

The Fifth Circuit on Wednesday upheld a Nasdaq rule requiring companies listed on its exchange to have women and minority directors on their boards or provide an explanation as to why they do not.

A lawsuit attempting to block President Biden's student debt relief program was filed in the U.S. District Court, Southern District of Indiana, on Tuesday, September 27, 2022.

The Food and Drug Administration aims to curb youth addiction and improve health equity by banning hazardous products that are especially popular among young smokers and African-Americans.

On Friday, July 2, 2021, the U.S. Court of Appeals for the Fifth Circuit ruled in favor of three Texas attorneys who filed a civil rights lawsuit alleging that mandatory registration with the State Bar of Texas violated their First Amendment rights. The lawyers claimed that their rights were violated due to the State Bar of Texas's engagement in political and ideological activities not germane to the interests in regulating the legal profession.

The U.S. District Court for the District of Columbia has ruled that the Trump Administration failed to follow procedures set forth under federal law in appointing Ken Cuccinelli to a leadership role in US Citizenship and Immigration Services (USCIS) in 2019. As a result, two rule changes to the asylum process implemented under his leadership should be considered nullified, according to the judge.

Last week, 14 states and the District of Columbia filed a lawsuit against the federal government to challenge new regulations put forth by the United States Department of Agriculture (USDA) that are estimated to cause almost 700,000 people to lose food stamp assistance. The proposed changes would affect states' ability to obtain waivers for work requirements that apply to the Supplemental Nutrition Assistance Program (SNAP) by implementing more restrictive definitions of exceptions to work mandates related to things including insufficient job availability, geographic boundaries, and duration.

On Monday, November 18, 2019, Judge Edward M. Chen of the U.S. District Court, Northern District of California, issued an order declining to grant a motion for partial summary judgment in a lawsuit filed by the American Civil Liberties Union against multiple federal agencies, including the U.S. Department of Justice, the Federal Bureau of Investigation, the Department of Homeland Security, and other federal immigration agencies. The ACLU seeks information, via a FOIA request, as to the federal agencies' surveillance of social media users. Judge Chen's ruling allows the case to move forward.

Last week, Judge William Alsup of the US District Court for the Northern District of California joined federal courts in New York and Washington state in striking down the Denial of Care Rule put forth by the US Department of Health and Human Services earlier this year. Judge Alsup declared the rule, which would permit health care workers to decline to provide services, care, or information to patients due to the worker's personal religious or moral beliefs, discriminatory and unconstitutional.

On Wednesday, July 24, 2019, the U.S. District Court for the District of Columbia declined to impose a temporary restraining order which would pause the Trump administration's new rule limiting asylum requests from migrants at the U.S.-Mexico border. The new rule requires that migrants and refugees passing through a third country en route to the United States must seek asylum from said third country in order to apply for asylum in the United States. Under the new rule, migrant and refugee Hondurans and Salvadorans must be denied asylum in Guatemala or Mexico before seeking asylum in the United States, and Guatemalans must be denied asylum in Mexico in order to apply for asylum in the United States.

Multiple civil rights groups filed suit today against the Trump administration, challenging its new rule seeking to severely limit the asylum protections that are available under US and international law to migrants at the US-Mexico border. The American Civil Liberties Union, the Southern Poverty Law Center, and the Center for Constitutional Rights filed one of the main legal challenges in California's Northern District Court on behalf of immigrant advocacy groups, alleging that the new rule violates US immigration law as well as administrative law. The lawsuit seeks declaratory relief stating that the interim final rule is invalid and unlawful, as well as preliminary and permanent injunctive relief to block its implementation.