Notice & Comment

Author: Shane Pennington

Notice & Comment

Fifth Circuit Review–Reviewed: The Agency Losing Streak Under Loper Bright Continues

Welcome back to your monthly recap of the Fifth Circuit’s most recent administrative-law decisions! It was another busy month, so let’s dig in. Agencies Lose Two Additional Cases Under Loper Bright Up first: Texas Medical Association v. HHS. Argued before the Supreme Court’s decision in Loper Bright, but decided after, Texas Medical Association involved a […]

Notice & Comment

Fifth Circuit Review–Reviewed: Nondelegation Bonanza

Welcome to your monthly recap of administrative law from the Fifth Circuit! By my count, the Court issued ten published opinions in administrative law cases last month. I’ll focus on three of those cases here. For the rest, I’ll limit myself to the key takeaways. Private Nondelegation in the Regulation of Horseracing Up first we […]