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Federal Regulations Advisor Insight and Commentary on U.S. Government Regulatory Affairs

Tag Archives: Supreme Court of the United States

Monday Morning Regulatory Review – 2/6/17: Gorsuch to SCOTUS; Regulatory Budgeting; Fiduciary Rule Reconsideration; Congressional Disapproval Resurrection; and Petitions & Political Debates

Posted in Constitutional Issues in Regulations, Judicial Process, Regulatory Process

A complicated and busy week in regulatory practice requires extended comments and a little patience.  The President of the United States (POTUS) nominated Judge Neil Gorsuch to be an Associate Justice of the Supreme Court of the United States (SCOTUS) and that will likely soon require new thinking about judicial deference to agency interpretations.  POTUS… Continue Reading

D.C. Circuit Affirms Permanent Injunction of IRS Tax Preparer Rule – No Authority & a Century of Silence

Posted in Agency Authority, Judicial Review & Remedies

The United States Court of Appeals for the District of Columbia today schooled the Internal Revenue Service (IRS) and the Department of the Treasury (DOTr or Treasury) on statutory construction and the limits of delegated regulatory authority in Loving v. IRS, affirming the district court decision by the same name.  The court found that the… Continue Reading

Supreme Court Limits Deference to Agency Amicus Brief Interpretations: Christopher v. SmithKline Beecham

Posted in Judicial Review & Remedies

The Supreme Court of the United States declined today to end the judicial practice of deferring to an agency’s interpretation of its own regulations in “friend of the court” briefs filed with a court in Christopher v. SmithKline Beecham Corp.  The Court, however, reaffirmed hard limitations on this practice, distinguishing this case because the Department… Continue Reading