Orrick, Herrington & Sutcliffe LLP’s Post

"By channeling lawmaking power toward agencies, Chevron also channeled political energy toward agencies—and thus drained political energy away from Congress." Really interesting thoughts about the upcoming Supreme Court decision on Chevron and what it could mean for Congress, agencies, and the courts, by Adam White of The Gray Center. Adam joined Natalia Castro and I on the #FEDtalk #podcast earlier this year to discuss some of these constitutional issues in our look at the 'Federal Government in Flux.'

This is a great primer on how the federal rule making process works. I will add, especially for the bankruptcy the committee takes suggestions for rules changes seriously- so if you have one it is worth your time to make a submission. You can do so here: https://lnkd.in/g_qvmxeg

Have you heard about the SCOTUS ruling on Presidential immunity? Chief Justice John Roberts, writing for the majority, said that a President “may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts.” I finding this issue very interesting from a Public Administrative point of view. What are your thoughts on this matter? How will it impact other levels of government, for example Gubernatorial immunity? https://lnkd.in/gt4g_iWi.

Filing an appeal requires meeting strict deadlines, starting with filing a notice of appeal. Let's review the Federal Rules of Appellate Procedure (FRAP) in this article: https://hubs.li/Q022qlPW0

Hey. In addition to not saying Daubert, give the new rule language a read! The amendments were made to correct some misinterpretation by courts and counsel. Major highlights: 1. Rule 702 is a preponderance standard. It’s not a liberal standard, or a permissive one. The proponent must show the expert opinion meets every element of 702 by a preponderance standard. 2. The opinion offered must reflect the reliable application of reliable methodology. In other words, it’s not enough to cite methodology that may be characterized as “reliable” and offer the opinion. The proponent must show that the reliable methodology resulted in the opinion.

America will now have a king, above the law that applies to the rest of us, until at some point if American can return to a place of judicial and political respect for the Constitution and what so many have died to protect. The majority of this Court is driven not buy reason, law, history or Constitutional protection: it is driven by pre-determined results designed to protect a particular political party and view, using whatever manufactured theory and fear it needs to get there. https://lnkd.in/epB2fAPq

With legal and procedural changes on the horizon for VCAT, Harriet W. of Warlows Legal is here to bring you everything you need to know about the new Justice Legislation Amendment Bill 2023. https://lnkd.in/gpUTvwTP