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...
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.
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.
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...
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...
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.
NCLA Executive Director & General Counsel, Mark Chenoweth, describes the situation where the employees in state attorney general offices are paid by a private organization or individual as a violation of the due process requirement.
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.
Harriet Hageman, NCLA Senior Litigation Counsel, warns that even though USDA withdrew the unlawful Factsheet requiring to tag cattle with RFID technologies, the internal practices which had led to the controversial requirements in the first place should be probed for...
Initiating a conversation about RFID is nearly as combustible as broaching your opinion about universal healthcare – at Thanksgiving dinner at your new in-laws who do not share your political affiliation. It leaves an edge in the air that makes any meal fairly...