Notice & Comment

Sixth Circuit Reviewed

Notice & Comment

Sixth Circuit Review—Reviewed: Loper Bright, Immigration, and Acting Commissioners

Welcome back. Two more cases today to review from the Sixth Circuit, and we’ll jump right in with the court’s latest attempt to address Loper Bright—this time in the immigration context. Moctezuma-Reyes v. Garland Here’s a key question after Loper Bright: Whether—and to what extent—courts should defer to agency legal interpretations in a post-Chevron world. […]

Notice & Comment

Sixth Circuit Reviewed: Net Neutrality and “Waters of the United States”

“America’s Court” (as I call it) strikes again: Welcome back to Sixth Circuit Reviewed! This month, no published administrative law cases from the Court. But don’t fret. Fireworks this round came by way of a motions panel, which stayed the Federal Communication Commission’s net neutrality rules.  Quick (overly simplified) background: The Communications Act of 1934 […]

Notice & Comment

Sixth Circuit Review

Welcome to Sixth Circuit Reviewed! This is your monthly recap of administrative law from—as some like to call it—“America’s Court.” (Yes, people call it that. I think.)    Often overlooked in the adlaw world by the towering D.C. Circuit (and, apparently, the Ninth Circuit), the Sixth has its fair share of high-profile administrative law decisions: OSHA challenges, private nondelegation, vaccine mandates, and […]