Today’s blog entry discusses the oral argument in two cases heard by the United States Supreme Court last week. Both of which asked the question of whether Chevron deference will continue to be a viable doctrine. We know from reading cases over the years, cases the various justices were involved in while on the various
Chevron v. Natural Resources Defense Council
R.I.P. to Chevron Deference in Ohio
By William Goren on
Posted in Administrative law, Constitutional law
Happy new year everyone.
I am a bit of an administrative law gearhead and have been practicing in that area for decades. I have been turning over the Ohio Supreme Court decision in Twism Ent’s., L.L.C. v. State Board of Registration for Professional Engineers and Supervisors decided December 29, 2022, which can be found…
Is ADA Title II, III Tester Standing a Thing Anymore?
By William Goren on
Posted in 1983, ADA, Constitutional law, Fair Housing Act, Federal Cases, Rehabilitation Act, Title II, Title III
There must be an art to reading what is really going on by the questionings of Justices at oral argument. If there is such an art, I haven’t mastered it yet. Case in point, we previously discussed a case that appeared to raise the question of whether Chevron deference would survive, here. On June…
News of Interest for Deaf, deaf, and HOH Communities
By William Goren on
Hope everyone had a great Thanksgiving weekend.
A couple of housekeeping matters. First, my daughter and I will be heading out to a college that she got into for admitted students day. So, my schedule is really compact this week, and I am not sure I will be able to get up a full blog…
Judge Amy Coney Barrett and Persons with Disabilities
By William Goren on
Before getting started on the blog entry of the day, I wanted to wish everyone with teams in the baseball playoffs good luck. I actually have three teams in the baseball playoffs: brave; cubs; and White Sox. No, I am not watching nine hours of baseball today, but I am recording all three of my…
Kisor Decided: What Does it Mean for Auer Deference?
By William Goren on
Posted in General
ADA and the High School Athletic Association
By William Goren on
Before starting the blog for this week, a couple of preliminary matters. First, about a month ago, I hit 300 blog posts. I simply could not do it without the loyal readership of the people here. Thank you! Also, my last blog entry dealing with animals on planes really took off. The Texas Bar informed…
Did You Know that an Exhaustion Requirement for Title II and §504 Exists? Me Neither…
By William Goren on
I bet you didn’t know that in some circumstances title II and §504 may contain an exhaustion requirement. The reason I’m guessing you didn’t know is that until I saw this case, Sierra v. School Board of Broward County, 2017 U.S. Dist. LEXIS 62498 (S.D. Fla. April 20, 2017), it hadn’t occurred to me…
Gorsuch and Rights of Persons with Disabilities
By William Goren on
For those in New England, congratulations on a phenomenal come back. Greatest comeback in Super Bowl history. As you can imagine, people in Atlanta are a bit besides themselves. I am relatively new to the Atlanta area, going on five years now, and so perhaps it didn’t hit me quite so hard. Also, growing up…
Side Effects of Medication, Bad Conduct and ADA Protection
By William Goren on
It has been awhile, almost 3 years, since I visited the issue of bad conduct v. having a disability. This particular case explores what happens when the side effects of medication leads to bad conduct and the person is terminated. The case is Capporicci v. Chipotle Mexican Grill, Inc., 2016 U.S. Dist. LEXIS…