Court grants challenge to FCC subsidies over nondelegation doctrine

Court grants challenge to FCC subsidies over nondelegation doctrine

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The justices on Friday created the prospect of another major ruling on the role of administrative agencies and Congress’s ability to delegate power to those agencies. At the Biden administration’s request, the court agreed to review a ruling by the U.S. Court of Appeals for the 5th Circuit that invalidated parts of a program by the Federal Communications Commission to improve internet and phone services in underserved areas.

The court of appeals said that the program violated the Constitution … Read the rest

OT2023’s last grants?

OT2023’s last grants?

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The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

At last week’s conference, the Supreme Court had 472 petitions and applications before it – including three new relists, which yielded (so far) zero grants. On Monday the court denied review in the relisted climate change case, but all of last week’s other relists are back again this week.

This week’s conference is … Read the rest

Court grants review in federal employee’s filing deadlines case

Court grants review in federal employee’s filing deadlines case

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The Supreme Court on Friday afternoon agreed to take up another case exploring the distinction between deadlines that are jurisdictional – so that courts cannot hear a case if they are not met – and those that are instead simply a limitations period that can be waived or extended.

The justices granted review in Harrow v. Department of Defense, the case of a federal government employee who challenged his 2013 furlough. The case was the only grant on a … Read the rest

Court grants review in new batch of cases, including dispute on religious rights of employees

Court grants review in new batch of cases, including dispute on religious rights of employees

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The Supreme Court will review how employers must accommodate their employees’ religious practices, how courts should decide whether threatening statements are protected by the First Amendment, and whether a local government violated the Constitution when it confiscated and sold a $ 40,000 home based on the owner’s failure to pay $ 15,000 in property taxes.

Those issues are among a slew of new disputes that the justices added to their docket on Friday afternoon in an order list from … Read the rest