The Checks and Balances Letter: Monthly Updates on Administrative Law

The Checks and Balances Letter provides a comprehensive update on the latest administrative law developments in the United States. With expertise in the legal field, our editorial team reports on the pivotal actions taken at the federal and state levels related to the separation of powers, due process, and the rule of law. Let’s take a look at the latest updates.

SCOTUS Rulings on Administrative Law

During the October 2023 term, the Supreme Court issued decisions in nine cases related to Administrative Law. Some of these rulings limited the authority and influence of administrative agencies. Notably, SCOTUS ruled against judicial deference to federal agency interpretations of ambiguous statutes. They also ruled in favor of limiting the scope of in-house agency adjudication and expanding the timeframe to challenge agency actions. Here is a snapshot of the term’s cases related to administrative law:

Biden Administration Title IX Rule Temporarily Blocked in 15 States

The Department of Education’s new Title IX rule, published on April 29, 2024, was temporarily blocked in 15 states as of July 16, 2024. The rule expands Title IX regulations that prohibit sex-based discrimination to include discrimination based on gender identity and sexual orientation. It requires schools to use students’ preferred pronouns and allows students to use bathrooms aligned with their gender identity instead of their biological sex. Multiple lawsuits were filed against this rule, joined by Republican attorneys general in 26 states and conservative advocacy groups. The Wisconsin Supreme Court ruled 6-1 on July 5, 2024, that the state’s Joint Committee on Finance exceeded its authority in using legislative vetoes to block land conservation purchases.

EEOC Rule Temporarily Blocked in Louisiana and Mississippi

The U.S. District Court for the Western District of Louisiana on June 17, 2024, issued a preliminary injunction to temporarily block enforcement of an Equal Employment Opportunity Commission (EEOC) rule in Louisiana and Mississippi. The rule extends protection under the Pregnant Workers Fairness Act to include abortions among pregnancy-related procedures. Judge David C. Joseph ruled that the agency exceeded its statutory authority when issuing the rule and “both unlawfully expropriated the authority of Congress and encroached upon the sovereignty of [Louisiana and Mississippi].”

Arizona State Legislature’s Ballot Measure Modeled on Federal Regulations from the Executive in Need of Scrutiny (REINS) Act

The Arizona State Legislature on June 12, 2024, put a ballot measure on the Nov. 5 ballot that would amend state law to require legislative ratification of certain state agency rules. If voters approve the measure, proposed rules estimated to increase regulatory costs by more than $500,000 over five years will need legislative ratification to take effect. The Arizona Office of Economic Opportunity would be responsible for confirming the estimated regulatory cost of rules that might trigger legislative oversight under the measure. The ballot measure contains provisions modeled after the REINS Act. The law went into effect on July 1, imposing work requirements on older Floridians receiving food stamps (SNAP).

Opinion Editorial on Overturning Chevron Deference

Professor Joshua Sarnoff of the administrative law department wrote a post for the Yale Journal on Regulation’s Notice and Comment blog. He discussed the Supreme Court’s decision to overturn Chevron deference in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. He suggests amending the Constitution to create a framework for legally addressing and interpreting legislative ambiguities.

Regulatory Tally

Every month, Ballotpedia compiles regulatory review information conducted by the Office of Information and Regulatory Affairs (OIRA). In June, 103 proposed rules and 245 final rules were added to the Federal Register. For more information about regulatory reviews conducted by OIRA, you can visit their website for the completed reviews of these administrative agency rules in detail.

Originally Post From https://news.ballotpedia.org/2024/07/18/scotus-decisions-during-term-overturn-chevron-limit-sec-adjudication-proceedings-scope-and-more/