Previously, we had blogged on the Supreme Court decision that set forth the major questions doctrine, here. In reviewing that blog entry, there really wasn’t much meat on the bone so to speak in terms of just when the major question doctrine would be employed. That decision suggested that it could be employed any
EPA v. West Virginia
HUD Circular May Well Survive Kisor But What About Loper Bright
Before getting started on the blog entry of the day, I wanted to mention a decision decided by the California Supreme Court on July 29, 2024, here. In that case, Bailey v. San Francisco District Attorney’s Office, the California Supreme Court held that: hostile work environment must be viewed in the totality of circumstances;…
Health and Human Services Updated §504 Proposed Regulations
Before getting started on the blog entry for the day, I do want to take this opportunity to wish those who celebrated the Jewish new year, a happy new year.
I spent last Friday reading the proposed §504 regulations, which runs a little over three hundred pages, put out by the U.S. Department of…
Does Morbid Obesity Require an Underlying Physiological Condition: The Texas Supreme Court Speaks
I hope everyone had a Fourth of July weekend that was fantastic and safe.
Our blog entry for the week is a case that we have blogged on before. It asks the question of whether a claim of morbid obesity requires an underlying physical impairment or mental impairment or is just the claim of…
Standing and the FHA
We have been on a bit of a roll discussing standing lately, so I thought why not continue it, albeit with a different law. Today, let’s look at the Fair Housing Act (FHA). The case of the day is Brown v. Suri Hurley, LLC, here, from the Eastern District of California cited on June…
Upon Further Review, the HUD Circular Just Might Survive Kisor as well as EPA v. West Virginia and be Given Judicial Deference
Yesterday was the 32nd anniversary of the ADA. People with disabilities and disability rights have certainly come a long way, but there is certainly much more to go.
Today’s blog entry is the result of a case that was sent to me in a discussion that I had with several colleagues about breed…
EPA v. West Virginia: The Major Questions Doctrine
Happy Fourth of July everyone.
Last week, I was in Chicago visiting family. I also had a chance to participate in a panel discussing the Federal Bar Association’s disability inclusion success story as part of the ABA’s Collaborative Bar Leadership Academy. I had a great time doing that. I did not get back until…