Tag Archives: Judicial review

When Chevron Meets the Hobbs Act: PDR Network v. Carlton & Harris Chiropractic, Inc. (Part II)

by Bernard Bell — Tuesday, Nov. 27, 2018

This is the second post in a three-part series regarding PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., Dkt No. 17-1705 (certiorari granted November 13, 2018).  This post addresses the question the case nominally presents — does the Hobbs Act require district courts to apply FCC regulations, even when the court believes they conflict […]

When Chevron Meets the Hobbs Act: PDR Network v. Carlton & Harris Chiropractic, Inc. (Part I)

by Bernard Bell — Monday, Nov. 26, 2018

  “When Chevron meets Hobbs, consideration of the merits must yield to jurisdictional constraints.” Carlton & Harris Chiropractic, Inc. v. PDR Network, 883 F.3d 459 (4th Cir. 2018) The Supreme Court recently granted certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., Dkt No. 17-1705, (Order List Nov. 13, 2018).  The Court framed […]

“Hard Look” and “Proceduralized” Review: The Saga of the Abu Ghraib Photographs, 2009 to Present

by Bernard Bell — Monday, Aug. 27, 2018

Between October and December 2003 U.S. military personnel engaged in “sadistic, blatant, and wanton criminal abuse” of Iraqi detainees at Abu Ghraib prison.  See, Seymour M. Hersh, Torture at Abu Ghraid, THE NEW YORKER (May 10, 2004).  Photographs and videos recorded the abuse; a few were published when the abuse was first reported.   See, id.  […]

Citizenship and the Census: State of New York v. U.S. Department of Commerce (Round One)(Part IV)

by Bernard Bell — Wednesday, Aug. 22, 2018

This is the final post in my four-part series discussing Secretary of Commerce Wilbur Ross’ decision to add a citizenship question to the 2020 decennial census form.  The Secretary justified his decision by referencing the Department of Justice’s need for citizenship information in certain Voting Rights Act section 2 litigation.  Plaintiffs in the New York […]

Citizenship and the Census: State of New York v. U.S. Department of Commerce (Round One)(Part III)

by Bernard Bell — Tuesday, Aug. 14, 2018

This is my third post of four posts regarding Secretary of Commerce Wilbur Ross’ March 26, 2018 decision to add a citizenship question to the 2020 decennial census form.  The first post (here) discussed the disposition of the government’s motion to dismiss two suits challenging the decision.  The second post (here) took Secretary Ross’ reasons […]

Citizenship and the Census: State of New York v. U.S. Department of Commerce (Round One)(Part II)

by Bernard Bell — Thursday, Aug. 9, 2018

If all lives matter, then all lives count. This is the second in a series of posts regarding Secretary of Commerce Wilbur Ross’ March 26, 2018 memorandum (here) directing the Census Bureau to add a citizenship question to the 2020 decennial census form distributed to all households.  Administrative Record filed in New York v. Department […]

Citizenship and the Census: State of New York v. U.S. Department of Commerce (Round One)(Part I)

by Bernard Bell — Friday, Aug. 3, 2018

The electorate should choose its representatives, not the other way around. On March 26, 2018, Secretary of Commerce Wilbur Ross directed the Census Bureau to include a question regarding citizenship on the 2020 census short form distributed to all households.  Memorandum from Wilbur Ross to Karen Dunn Kelley, Under Secretary for Economic Affairs, Department of […]