On September 29, 2023, Law360 published a feature article, ‘Administrative State’ Attacks Soar To High Court Crescendo, previewing the new Supreme Court term. I am among the Supreme Court observers quoted in the article: Rising rancor, a muscle-flexing majority and a jam-packed docket could augur a transformative term for administrative law. The upcoming term “may […]
The certiorari petition in Tardy v. Corrections Corporation of America, No. 23-129, requests the Supreme Court to resolve an inter-circuit conflict concerning Article III standing for individuals who seek access to sealed court records. The appeal arises from a Sixth Circuit decision holding that “to have standing, a plaintiff claiming an informational injury must have suffered adverse
ALF Amicus Brief Urges Supreme Court To Decide Judicial Transparency Issue Read More »
The Supreme Court has granted certiorari in Moore v. United States, No. 22-800, to review the constitutionality of the Mandatory Repatriation Tax, 26 U.S.C. § 965, a one-time tax which required U.S. taxpayers to treat as income a proportionate share of the undistributed profits of certain foreign corporations. The Ninth Circuit upheld the tax, asserting that “realization of income is
ALF Brief Predicts Devasting Impacts If Congress Can Tax Unrealized Gains As “Income” Read More »
Last April, the Supreme Court’s unanimous combined judgment in Axon Enterprise, Inc. v. FTC & SEC v. Cochran opened federal district court doors to litigation challenging the structural constitutionality of civil administrative enforcement proceedings brought by the Federal Trade Commission (FTC) or the Securities and Exchange Commission (SEC) before their own administrative law judges. This
Almost 40 years ago the Supreme Court held in Chevron U.S.A v. Natural Resources Defense Council, 467 U.S. 837, 844 (1984), that “a court may not substitute its own construction of a statutory provision for a reasonable interpretation made by the administrator of an agency.” This Chevron doctrine “directs courts to accept an agency’s reasonable resolution of an ambiguity in
ALF Argues No Chevron Deference For Unconstitutional Interpretations Read More »
According to its website, the mission of the Consumer Financial Protection Bureau (CFPB) is “making sure you are treated fairly by banks, lenders and other financial institutions.” When Congress created the CFPB in 2010 as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act, it sought to ensure that the agency would be an
ALF Argues That CFPB “Self-Funding” Is Unconstitutional Read More »
On June 30, Law360 published 3 Takeaways From The Supreme Court’s Session, an article providing insights about the Court’s now-completed 2022 Term. In the section called “No Banner Term for Business” I am quoted as follows: Corporations also frowned upon the Mallory v. Norfolk Southern decision upholding a Pennsylvania law that says corporations can be
Larry Ebner Quoted In Law360 On Supreme Court Business Decisions Read More »
On June 30 the Supreme Court held in Biden v. Nebraska that the Biden Administration lacked authority under the Higher Education Relief Opportunities for Students (‘HEROES”) Act to cancel $ 430 billion in student loan debt held by 43 million borrowers. The 6 to 3 majority ruling, authored by Chief Justice Roberts, was correct as
Biden’s Student Debt Forgiveness Plan Was Unforgiveably Unconstitutional Read More »
Here’s a question that a law school student might find on a final exam: When can a State exercise “general personal jurisdiction” over a corporate defendant? Until this week, the answer seemed clear: only in a State where a company is incorporated or its principal place of business is located. But a new 5 to
Personal injury “failure-to-warn” suits long have been a well-accepted component of state tort law. Even failure-to-warn claims for intangible injuries such as emotional distress and reputational harm are allowed under certain circumstances. But what about the new frontier of Internet-based “informational injuries” allegedly sustained as a result of visiting business websites that allegedly fail to
ALF Files Supreme Court Amicus Brief In Internet “Informational Injury” Case Read More »
