Posts by kschmidt
Court of Federal Claims Applies Loper Bright in Contractor Eligibility Case Reviewed Under the APA
Loper Bright has reached the Court of Federal Claims for review of bid protests under the Administrative Procedures Act (APA). QED GROUP LLC v. USA, No. 1:2024cv01961 – Document 47 (Fed. Cl. 2025) In a dispute over whether a prospective bidder for a broad pre-approved vendor list could be excluded because it was subject to…
Read MoreBipartisan Policy Center Event on “Legislating After Loper”
The event will discuss how the Loper and other court decisions “pose challenges for Congress in how it legislates and directs regulatory agencies. They also underscore existing concerns over congressional capacity, internal processes, and the legislative branch’s ability to tackle complex policy challenges. Last year, BPC established the Working Group on Congress, Courts, and Administrative Law to…
Read MoreAFP Foundation-Kansas Finally Receives Long-Awaited KORA Documents on STAR Bonds
After more than three years, Americans for Prosperity Foundation-Kansas has finally received the last batch of documents from our Kansas Open Records Act (KORA) request filed in November 2021 regarding the Kansas Department of Commerce’s administration of the STAR Bonds program. This long-overdue release follows an investigation by the Kansas Office of Attorney General, which…
Read MoreLoper Bright and Stare Decisis in the Ninth Circuit: Murillo-Chavez v. Bondi
When the Supreme Court overruled Chevron last year in Loper Bright Enterprises v. Raimondo, Chief Justice John Roberts seemed at pains to limit the impact of upending the Chevron methodology to future cases. He explained that Loper Bright “do[es] not call into question prior cases that relied on the Chevron framework. The holdings of those…
Read MoreEighth Circuit Applies Loper Bright in Biden Student Loan Case
As we’ve discussed, Loper Bright has been changing the legal landscape as courts revisit and revise or uphold standards of review. Recently, the Eighth Circuit reviewed “the authority of the President and Secretary of Education, under existing law, to forgive hundreds of millions of dollars of loans made to borrowers to finance the cost of…
Read MoreThe Biden VA’s “Independent” Echo Chamber on Community Care
The Department of Veterans Affairs (VA) Executive Roundtable, or Red Team report on the supposed “Urgent Need to Address Community Care Spending,” sold itself as an independent and authoritative report, but instead it was a conduit for the VA and the Biden Administration to publish its own views through third parties, wasting taxpayer dollars and government time…
Read MoreDoes Loper Bright Affect The Major Questions Doctrine? Texas District Court: No
In Loper Bright Enterprises v. Raimondo the Supreme Court overruled Chevron v. NRDC—which had required federal courts to defer to the government’s “reasonable” interpretation of ambiguous language in statutes—holding that “[c]ourts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority, as the [Administrative Procedure Act] requires” and that “courts need not…
Read MoreLaw360 Names Clement and Murphy Appellate Group of the Year
Clement and Murphy PLLC represented the fishermen before the Supreme Court in Loper Bright. Read more (subscription required).
Read MoreSixth Circuit Cautions Against Evasion of Loper Bright Based On Broad Statutory Language Alone
In Moctezuma-Reyes v. Garland the Sixth Circuit was tasked with interpreting the meaning of the statutory phrase “exceptional and extremely unusual hardship” in assessing Mr. Moctezuma-Reyes’s petition for review of an immigration judge’s denial of his application for cancellation of his removal from the United States, which the Board of Immigration affirmed. The Court expressed sympathy for Mr.…
Read MoreNew York Appellate Court Strikes Down A State Practice Allowing Intrusive Surveillance Of Innocent Families
In a significant win for the liberty interests of parents in the care and custody of their children, yesterday a New York appellate court vacated and held unlawful a longstanding state practice that subjected parents who were never accused of any wrongdoing to ongoing supervision by local child services officers. That supervision allowed state authorities…
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