Supreme Court's looming decisions will sharpen law on powers of presidency, bureaucracy

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Supreme Court's looming decisions will sharpen law on powers of presidency, bureaucracy
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The Supreme Court's decisions this term will advance federal law on the powers of the presidency and the administrative state, and give the high court a chance to clarify major rulings in recent years on abortion and the Second Amendment.

’s decisions this term will advance federal law on the powers of the presidency and the administrative state, and give the high court a chance to clarify major rulings in recent years on abortion and the Second Amendment.

The case, Trump v. United States, will determine whether Mr. Trump’s charges for allegedly committing election fraud in contesting the 2020 results and mishandling classified documents will head to trial. The justices could chip away at Chevron if they side with the fishermen and decide legislation and federal rules that are ambiguous can’t be left up to executive agencies to interpret and implement.

The latest case is a landmark legal battle over the separation of powers that legal experts said could have implications reaching the Federal Reserve, the nation’s independent central banking system. Under the law that created the CFPB, the Fed provides the agency’s annual funding. The issue of abortion is now back with the states, but the Biden administration is trying to refashion at least some national standards by using the Emergency Medical Treatment and Active Labor Act, which applies to hospitals that accept Medicare money. Under that law, hospitals must deliver stabilizing treatment to emergency patients.

The FDA moved in 2021 to eliminate the number of in-person doctor visits needed to obtain mifepristone and allow it to be used longer into pregnancy, from seven weeks to 10 weeks. The change in the gestational period was adopted in 2016. Bruen has also prompted other courts to question laws prohibiting drug users or even felons from possessing guns.

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