Articles Posted in Administrative Law

The attorneys general of several states—New York, California, Illinois, Minnesota, New Mexico, and Vermont—and the District of Columbia have filed a lawsuit against the Trump administration over its weakening of the federal nutrition standards for school meals. The complaint, filed in the US District Court for the Southern District of New York, alleges that in 2018 the US Department of Agriculture weakened the federal nutritional standards for sodium and whole grains without first providing the public an opportunity to comment on them, in violation of Administrative Procedure Act.


Posted in: Administrative Law

California has filed a lawsuit in federal district court in Northern California to challenge a new regulation the Trump administration plans to enact in order to block access to abortion and family planning services. Specifically, the case seeks to enjoin new rules adopted under Title X of the Public Health Service Act, a family planning program funded by the federal government. Oregon, Washington, and approximately 20 other states are expected to file suit as well.


A group of 16 states, including the border states of California and New Mexico, has gone to court to challenge the Trump administration's attempt to invoke emergency powers in order to fund the construction of a border wall. The lawsuit, which was filed in federal district court in San Francisco, raises not only constitutional issues related to who controls federal spending, but also may turn on issues of standing and statutory interpretation.


On Tuesday, December 18, 2018, Damien Guedes, a Pennsylvania citizen who purchased a bump stock device in 2014, the Firearms Policy Coalition, Firearms Policy Foundation, and Madison Society Foundation filed a complaint in the United States District Court for the District of Columbia against the Bureau of Alcohol, Tobacco, Firearms, and Explosives challenging the Trump administration's ban on bump stock devices.


On Wednesday, November 14, 2018, the United States Department of Justice provided a twenty page memo to President Donald J. Trump arguing that President Trump's appointment of Acting Attorney General Matthew G. Whitaker complied with federal statutes and the U.S. Constitution, and that the appointment is "[c]onsistent with our prior opinion and with centuries of historical practice and precedents."


A federal district court judge has ordered the Food and Drug Administration (FDA) provide an expedited publication schedule for rules on tobacco warnings on cigarette packs and advertisements, citing "unreasonable delays" by the FDA.


Posted in: Administrative Law