KhaberniOpinion

Your Pension Rights Are Not Cancelled Due to Administrative Delay...

Between the substantive rule and the procedural rule, there is lately a legal debate about amending the social security law ...
JD Supra

D.C. Court of Appeals Scraps Substantive Changes from NLRB’s 2019 Final Rule on Election Procedures But Upholds Procedural Changes

On January 17, 2023, the U.S. Court of Appeals for the D.C. Circuit partially reversed and partially upheld a District Court decision that enjoined five rules promulgated by the National Labor ...
The Heritage Foundation

Alito’s Telling Approach to Substantive Due Process

In May we saw the lightning flash, a leaked draft opinion showing that a majority of the Supreme Court stood ready to overrule Roe v. Wade and its offspring, Planned Parenthood v. Casey. Then on June ...
National Review

Parental Rights and Substantive-Due-Process Confusion

Two weeks ago, a divided Eleventh Circuit panel ruled (in Littlejohn v. School Board of Leon County) that parents could not pursue a claim that a school board violated their substantive-due-process ...
Reason

On Justice Thomas, Dobbs, Precedent, and Substantive Due Process

The concurring opinion by Justice Clarence Thomas in Dobbs v. Jackson Women's Health Organization is certainly turning heads. In that solo opinion, Justice Thomas calls for revisiting all of the ...
The Washington Post

After the Supreme Court’s Abortion Ruling, What Could Happen to Other Unwritten Rights?

The right to contraception, the right to refuse medical treatment, the right to live with grandparents, and much more: How unwritten liberties came to exist, and ...
JD Supra

Minnesota’s Proposed PFAS Reporting Rules Are Disapproved for Procedural and Substantive Deficiencies

We’ve been following Minnesota’s proposed PFAS-in-products reporting rules for the past several months. As part of the rulemaking process under the Minnesota Administrative Procedures Act, and ...