arbitrary and capricious Archives - Jackson & Campbell, P.C.

2 Apr 2021 |

SCOTUS Opinion: Court Re-Institutes Federal Communications Commission’s Repeal Of Media Ownership Rules

The Telecommunications Act of 1996 requires the FCC to review its rules restricting entities from owning multiple media outlets every four years to ensure that competition, localism, and viewpoint diversity were promoted. In 2017, the FCC determined that three of its rules were no longer necessary to promote those values, and that repealing the rules would likely not harm minority ... Read More

TAGGED: Administrative Procedure Act, Federal Communications Commission, arbitrary and capricious, Telecommunications Act of 1996, FCC v. Prometheus Radio Project

18 Jun 2020 |

SCOTUS Decision: Court Preserves DACA Program… For Now

The case of Department of Homeland Security v. Regents of the University of California concerned the Trump administration’s decision to end the Deferred Action for Childhood Arrivals program initiated by the Obama administration. DACA was created in 2012 to allow certain children who enter the United States illegally to apply for a two-year forbearance of removal. Approximately 700,000 people had ... Read More

TAGGED: Due Process Clause, Fifth Amendment, Equal Protection, Immigration and Nationality Act, Department of Homeland Security v. Regents of the University of California, Deferred Action for Childhood Arrivals, DACA, arbitrary and capricious, post-hoc rationalizations