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Thomas Dissent Latest Sign in Battle Over Chevron Deference
February 25, 2020
Justice Clarence Thomas offered the latest signal of his appetite to rein in the power of federal agencies, criticizing a long-standing legal principle that federal agencies commonly rely on to defend their regulatory decisions. Read the full article here.
Supreme Court upholds decision to abide by IRS on mailbox rule for tax refund claims
February 25, 2020
The Supreme Court let stand an appeals ruling that precluded a tax refund to movie producers Howard and Karen Baldwin, deferring to an Internal Revenue Service regulation that ended the common-law mailbox rule for refund claims, even though Justice Clarence Thomas reversed his position on an earlier case. Read the…
Mark Chenoweth on Chicago's Morning Answer: Private funding of state AGs creates a bias problem
February 25, 2020
NCLA Executive Director & General Counsel, Mark Chenoweth, comments on an enormous due process problem for targets of enforcement actions from state attorney general offices filled with special assistants on private payrolls.
Why You Should Clerk for NCLA
February 24, 2020
NCLA is fighting on the front lines of cutting-edge administrative law litigation--and you have an opportunity to be a part of that fight! NCLA is the nation’s only public interest law firm dedicated solely to litigating administrative law issues and restoring respect for our civil liberties. A clerkship with…
Supreme Court Won’t Review Challenge to Mailbox Rule
February 24, 2020
The Supreme Court rejected a case involving the producers behind the 2004 movie “Ray,” about the life of musician Ray Charles, involving their fight with federal officials over the rule for assessing the timeliness of a tax filing. Read the full article here.
Justice Thomas, in Lone Dissent, Thrashes 'Chevron' and His Own 'Brand X' Decision
February 24, 2020
Justice Clarence Thomas on Monday sharply criticized his own majority opinion in a 15-year-old telecommunications case and an underlying decision that says courts must give deference to agencies interpreting their own regulations, urging his colleagues to reconsider both rulings. Read the full article here.
Thomas Pushes High Court to Revisit Agency Deference
February 24, 2020
Justice Clarence Thomas on Monday continued his campaign for the Supreme Court to reconsider a pair of landmark administrative law cases courts have long relied on to evaluate federal regulations. Read the full article here.
Justices Ceded Too Much Power To Agencies, Thomas Says
February 24, 2020
Justice Thomas said the court should revisit an earlier decision granting so-called Chevron deference, under which courts must defer to an agency's interpretation of its regulations if the underlying statute is ambiguous, as well as his own 2005 opinion in National Cable & Telecommunications Association v. Brand X Internet Services,…
Can an Agency Rewrite the Law to Ban an Entire Industry Overnight? Maybe in New York
February 21, 2020
One of the most pernicious tools used by the administrative state is the court-created doctrine of agency “deference.” Roughly, this doctrine says that administrative agencies are entitled to interpret ambiguous laws any way they want, and courts are required to accept that interpretation even if the court wouldn’t read…