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Supreme Court will consider major case on power of federal regulatory agencies

Nearly 40 years ago, in Chevron v. Natural Resources Defense Council, the Supreme Court ruled that courts should defer to a federal agency’s interpretation of an ambiguous statute as long as that interpretation is reasonable. On Monday, the Supreme Court agreed to reconsider its ruling in Chevron.

The question comes to the court in a case brought by a group of commercial fishing companies. They challenged a rule issued by the National Marine Fisheries Service that requires the fishing industry to pay … Read the rest

Civil Law

Biden Declares May As Jewish American Heritage Month

Yesterday President Biden issued a Proclamation (full text) declaring May to be Jewish American Heritage Month. The Proclamation reads in part:

Jewish Americans continue to enrich every part of American life as educators and entrepreneurs, athletes and artists, scientists and entertainers, public officials and activists, labor and community leaders, diplomats and military service members, public health heroes, and more….

All Americans — including business and community leaders, educators, students, athletes, entertainers, and influencers — must help confront bigotry in all

… Read the rest

Supreme Court

The morning read for Friday, April 28

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Friday morning read:

McConnell Praises Supreme Court’s Ethics Amid Outcry Over Clarence Thomas Trips (Laura Litvan, Bloomberg)
All 9 Supreme Court justices push back on oversight: ‘Raises more questions,’ Senate chair says (Devin Dwyer, ABC News)
US Supreme Court ruling could turbocharge lawsuits against oil companies (Joanna York, France 24)
The Supreme Court’s Current Crisis Recalls the

… Read the rest

Supreme Court

The morning read for Thursday, April 27

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Thursday morning read:

Supreme Court Wary of Windfall in Seizure of Condo for Unpaid Taxes (Adam Liptak, The New York Times)
‘Inside baseball’: Critics say academia has ‘troubling’ influence with the Supreme Court (Lucien Bruggeman, ABC News)
Supreme Court’s new ethics declaration stops short of concrete action (Josh Gerstein, Politico)
Ex-US appeals judge says Supreme Court needs

… Read the rest

Circuit Courts

Judges Teach Civility Skills in Recognition of Law Day

In celebration of Law Day, federal judges are hosting programs in May and throughout the year to give students real-life experience with civil discourse and solid decision-making skills.
Judiciary News – United States Courts… Read the rest

Civil Law

Environmental Disclosures: CDP announces plastics to be added to Reporting Platform for first time

On April 19, 2023, the influential CDP (formerly known as the Carbon Disclosure Project) announced that nearly 7,000 organizations worldwide can disclose their plastic-related impacts for the first time, as CDP’s global environmental disclosure platform opens for 2023 reporting. CDP is adding plastic-related reporting to its online platform in response to a request from more than 740 investors with US$ 136 trillion in assets.

Last October, CDP reported that a record of around 20,000 organizations (over 18,700 companies representing over half of global market capitalization … Read the rest

Supreme Court

Justices dubious of creating “extra-special super-super clear statement rule” to exempt tribes from obligation to respect bankruptcy process

Monday’s arguments in Lac du Flambeau Band v. Coughlin revealed a bench deeply skeptical of the argument that Native American tribes should be exempt from the automatic stay of the Bankruptcy Code even though the federal and state governments are not.

The case involves an online payday lending operation of the Lac du Flambeau Band of Lake Superior Chippewa Indians. Brian Coughlin borrowed money from the Band’s lending operation. When he then filed for bankruptcy the Band ignored the … Read the rest

Civil Law

California Ruling May Sow Seeds of Cannabis Patent Precedent

This 4/20, patent owners with Intellectual Property (“IP”) related to cannabis have one more reason to celebrate as they may be able to enforce their rights against infringers in federal court. IP rights may provide an enforceable protection against copycats and competitors in the market, and may provide significant value to a company’s balance sheet. This was demonstrated when Tilray Brands, Inc. announced its intent to acquire fellow cannabis company Hexo Corp., a Canadian entity with a large patent portfolio … Read the rest