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June 17, 2010
Agencies have to follow the rules: New Process Steel v. NLRB
The initial SCOTUSblog response to today's U.S. Supreme Court decision in New Process Steel v. National Labor Relations Board, No. 08-1457, is available at "Fall-out from today’s decision in New Process Steel". Opening paragraph:
This morning’s decision in New Process Steel v. National Labor Relations Board, No. 08-1457, took many observers by surprise. The Court held that for a two-year period that ended only recently, the Board had been acting without statutory authority in adjudicating nearly six hundred cases because vacancies had left the Board without a quorum. We will provide further coverage of the decision later, but for the moment, the immediate question that arises is what effect the decision has on those hundreds of decisions.
I need to read this one. Looks like we are back to the prime rule of administrative law - agencies have to follow the rules. EMM
June 17, 2010 in Admin Cases, Recent, Supreme Court | Permalink
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