Justia Government & Administrative Law Opinion Summaries

A group of bar owners and employees in North Carolina challenged a series of executive orders issued by the Governor during the COVID-19 pandemic. These orders required bars to remain closed for over 400 days, while allowing other businesses, including restaurants, breweries, and wineries, to reopen under certain restrictions. The plaintiffs argued that this differential treatment lacked a meaningful public health justification and violated their constitutional and statutory rights. They also sought records supporting the Governor’s decisions and claimed entitlement to compensation under the Emergency Management Act.In the Superior Court, Wake County, the trial judge denied the plaintiffs’ request for a preliminary injunction and granted the Governor’s motion to dismiss, finding that the executive orders were reasonable and based on scientific data. The trial court also dismissed the statutory claims, concluding that the Emergency Management Act did not provide compensation for mere restrictions on business operations and that the Public Records Act claim was moot because the requested records had been produced. The North Carolina Court of Appeals determined that the trial court had effectively granted summary judgment and vacated that order on the constitutional claims, remanding for further proceedings. The Court of Appeals applied rational basis review to the Fruits of Labor claim and strict scrutiny to the Equal Protection claim, finding the Governor’s actions unjustified under both standards. It affirmed dismissal of the statutory claims.The Supreme Court of North Carolina reviewed the case. It held that the trial court erred in granting summary judgment on the Fruits of Labor claim and that the proper legal standard, as clarified in Ace Speedway, is not rational basis but a fact-intensive inquiry into whether the government’s action was reasonably necessary to promote a public good. The Court modified and affirmed the Court of Appeals’ remand for further proceedings on this claim, allowing additional discovery. However, it reversed the Court of Appeals’ application of strict scrutiny to the Equal Protection claim, holding that rational basis review applies to economic regulations not involving a suspect class or fundamental right. The Court affirmed dismissal of the statutory claims, finding no entitlement to compensation under the Emergency Management Act and no jurisdiction for the Public Records Act claim due to failure to complete required mediation. View "Bar and Tavern Ass'n v. Stein" on Justia Law

A group of bar owners and operators in North Carolina challenged a series of executive orders issued by the Governor in response to the COVID-19 pandemic. These orders initially required bars to close statewide, then imposed restrictions that effectively prevented them from operating, such as prohibiting onsite consumption of alcohol and limiting service to outdoor areas only. Some bars could not reopen at all due to lack of outdoor space, while others found the restrictions made operation unprofitable. The restrictions lasted for approximately nine months, during which time the plaintiffs allege they were forced to remain closed or operate at a loss.After the Governor allowed bars to fully reopen, the plaintiffs filed suit in Superior Court, Carteret County, alleging that the executive orders violated their fundamental rights to earn a living under the North Carolina Constitution. They sought damages and other relief. The defendants moved to dismiss the complaint, arguing that sovereign immunity barred the claims. The trial court denied the motion in part, allowing the constitutional claims to proceed. The North Carolina Court of Appeals affirmed, holding that the plaintiffs had stated colorable constitutional claims and that sovereign immunity did not bar their action.The Supreme Court of North Carolina reviewed the case. It held that, under established precedent, plaintiffs may bring direct constitutional claims against the state when they allege a violation of their rights and lack an adequate alternative remedy. The Court concluded that the plaintiffs’ complaint sufficiently alleged facts that, if proven, could support violations of their rights to earn a living under the Fruits of Their Own Labor Clause and the Law of the Land Clause. The Court also clarified that plaintiffs are not required to plead that they seek the least intrusive remedy at this stage. The decision of the Court of Appeals was modified and affirmed. View "Howell v. Cooper" on Justia Law

Two University of Washington professors, who serve as moderators for a faculty email listserv, were investigated by the Washington State Executive Ethics Board after forwarding emails that allegedly contained political discussion and requests for fundraising. The Board reviewed several months of their emails during its investigations. One professor was ultimately fined $750 for improper use of state resources, while the other was not disciplined. The professors, on behalf of themselves and a proposed class of listserv subscribers, filed suit challenging the Board’s investigatory policies and practices, alleging that these chill their First Amendment rights.The United States District Court for the Western District of Washington dismissed the professors’ complaint as unripe under Article III, finding that they had not sufficiently alleged that the Board’s policies chilled their speech. The district court also concluded that the professors’ emails, as public employees, were public records and thus not protected by a First Amendment privacy interest. Additionally, the court found the claims prudentially unripe because the Board’s investigations were ongoing.On appeal, the United States Court of Appeals for the Ninth Circuit reversed the district court’s dismissal. The Ninth Circuit held that the professors’ claims are ripe under both constitutional and prudential ripeness doctrines. The court found that the professors had sufficiently alleged a credible threat of future enforcement and chilling of speech, given their ongoing roles and the Board’s history of enforcement. The court also determined that the issues presented are fit for judicial decision and that withholding review would impose substantial hardship on the professors. The panel remanded the case for further proceedings, holding that the professors’ First Amendment claims against the Board’s investigatory policies and practices are ripe for adjudication. View "FLAXMAN V. FERGUSON" on Justia Law

A certified nurse midwife in Nebraska sought to provide home birth services but was prevented from doing so by state law. The Nebraska Certified Nurse Midwifery Practice Act requires midwives to work under a supervising physician through a practice agreement and prohibits them from attending home births outside authorized medical facilities. The midwife alleged that these restrictions forced her to turn away women seeking home births and sued state officials, claiming the law violated her constitutional rights and the rights of her prospective patients.The United States District Court for the District of Nebraska dismissed the midwife’s claims. The court found that she failed to state a claim for violation of her own rights under the Due Process Clause and lacked standing to assert claims on behalf of her prospective patients. The district court concluded that the statutory requirements were rationally related to legitimate state interests in health and safety and that the midwife did not have a sufficiently close relationship with prospective patients nor could she show that those patients were hindered from bringing their own suits.On appeal, the United States Court of Appeals for the Eighth Circuit reviewed the district court’s dismissal de novo. The appellate court held that the Nebraska law regulating midwifery is subject to rational basis review and that the legislature could rationally believe the restrictions serve legitimate interests in public health and safety. The court also held that the midwife lacked third-party standing to assert the rights of prospective patients because she did not have a close relationship with them and they were not hindered from bringing their own claims. The Eighth Circuit affirmed the district court’s judgment, upholding the dismissal of all claims. View "Swanson v. Hilgers" on Justia Law

Judge Pauline Newman, a sitting judge on the United States Court of Appeals for the Federal Circuit, was investigated by a Special Committee of her circuit under the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980. The investigation was initiated after the Chief Judge of the Federal Circuit raised concerns about Judge Newman’s ability to manage her workload due to alleged health and age-related impairments. The Special Committee requested that Judge Newman undergo medical examinations and provide medical records, which she refused, arguing the requests and investigation were unlawful. As a result, the Federal Circuit’s Judicial Council suspended Judge Newman from receiving new case assignments for one year, with the suspension subsequently renewed.Judge Newman filed suit in the United States District Court for the District of Columbia, challenging her suspension on statutory and constitutional grounds. She argued that the Judicial Council exceeded its statutory authority, violated her due process rights by not transferring the matter to another circuit, and that the Act’s case-suspension provision was unconstitutional both facially and as applied. The district court dismissed her statutory and as-applied constitutional claims for lack of jurisdiction, relying on circuit precedent, and rejected her facial constitutional challenge on the merits.On appeal, the United States Court of Appeals for the District of Columbia Circuit affirmed the district court’s judgment. The court held that, under binding precedent from McBryde v. Committee to Review Circuit Council Conduct & Disability Orders of the Judicial Conference of the United States, it lacked jurisdiction to review Judge Newman’s statutory and as-applied constitutional claims. The court further held that Judge Newman’s facial constitutional challenge to the Act’s case-suspension provision failed because the provision has many constitutional applications. The judgment of the district court was affirmed. View "Newman v. Moore" on Justia Law

A group of researchers at the University of California received multi-year federal research grants from the Environmental Protection Agency (EPA), the National Science Foundation (NSF), and the National Endowment for the Humanities (NEH). In April 2025, the EPA and NEH sent form letters to these researchers, terminating their grants. The letters cited changes in agency priorities and referenced the implementation of several Executive Orders issued in early 2025, which directed agencies to eliminate funding for projects related to diversity, equity, and inclusion (DEI), environmental justice, and similar initiatives. The researchers alleged that these terminations were not based on individualized assessments but were instead the result of broad policy changes.The researchers filed a class action in the United States District Court for the Northern District of California, challenging the mass termination of grants on constitutional and statutory grounds, including violations of the Administrative Procedure Act (APA), the First and Fifth Amendments, and separation of powers. The district court provisionally certified two classes: one for those who received form termination letters without specific explanations, and another for those whose grants were terminated due to the DEI-related Executive Orders. The district court granted a preliminary injunction, ordering the agencies to reinstate the terminated grants, finding that the terminations were likely arbitrary and capricious and, for the DEI class, likely violated the First Amendment.The United States Court of Appeals for the Ninth Circuit reviewed the government’s motion for a partial stay of the injunction. The court denied the motion, holding that the government had not shown a likelihood of success on the merits regarding jurisdiction, standing, or the substantive claims. The court found that the agencies’ actions were likely arbitrary and capricious under the APA and likely constituted viewpoint discrimination in violation of the First Amendment. The court also concluded that the balance of harms and public interest did not favor a stay. View "THAKUR V. TRUMP" on Justia Law

Three employers—SpaceX, Energy Transfer, and Findhelp—each faced unfair labor practice complaints before the National Labor Relations Board (NLRB). Before administrative proceedings began, each employer filed suit in a different federal district court in Texas, challenging the constitutionality of the NLRB’s structure. Specifically, they argued that the dual for-cause removal protections for both NLRB Board Members and Administrative Law Judges (ALJs) unconstitutionally insulated these officials from presidential removal, violating Article II and the separation of powers.Each district court granted a preliminary injunction, halting the NLRB’s proceedings against the respective employer. The courts found that the removal protections for ALJs (and, in one case, for Board Members) were unconstitutional, that the employers would suffer irreparable harm if forced to proceed before an unconstitutionally structured agency, and that the balance of equities and public interest favored injunctive relief. The NLRB appealed, arguing that the district courts lacked jurisdiction under the Norris-LaGuardia Act and that the employers had not shown a likelihood of success or irreparable harm.The United States Court of Appeals for the Fifth Circuit reviewed the consolidated appeals. The court held that the district courts had jurisdiction to enjoin the NLRB’s proceedings, as the employers’ constitutional challenges to the agency’s structure did not “grow out of a labor dispute” within the meaning of the Norris-LaGuardia Act. On the merits, the Fifth Circuit held that the dual for-cause removal protections for NLRB ALJs are unconstitutional, following its own precedent in Jarkesy v. Securities & Exchange Commission. The court further held that the removal protections for Board Members likely violate Article II, as the NLRB’s structure does not fit within the narrow exception recognized in Humphrey’s Executor v. United States. The court also found that being subjected to proceedings before an unconstitutionally structured agency constitutes irreparable harm. The Fifth Circuit affirmed the preliminary injunctions granted by the district courts. View "Space Exploration v. NLRB" on Justia Law

An Army veteran serving a lengthy prison sentence in Florida applied for and received disability benefits for service-related post-traumatic stress disorder. Initially, the Veterans Benefits Administration approved his claim at a 70 percent rate, later increasing it to 80 percent. However, after his felony conviction and incarceration, the Administration reduced his monthly benefits to a 10 percent rate pursuant to 38 U.S.C. § 5313, which limits disability payments for veterans incarcerated for more than 60 days due to a felony.The veteran filed a pro se complaint in the United States District Court for the Middle District of Florida, naming the United States Congress as defendant. He alleged that the statute reducing his benefits violated the Bill of Attainder Clause and the Equal Protection component of the Fifth Amendment, seeking both prospective and retroactive relief. A magistrate judge recommended dismissal, assuming without deciding that the court had jurisdiction over facial constitutional challenges, but finding the claims frivolous. The district court adopted this recommendation, dismissing the complaint and declining to address the plaintiff’s general objections.On appeal, the United States Court of Appeals for the Eleventh Circuit reviewed the case. The court held that sovereign immunity barred the suit against Congress, as Congress has not waived immunity for constitutional claims arising from its enactment of legislation. The court further held that any amendment to name a different defendant would be futile because the Veterans’ Judicial Review Act provides an exclusive review scheme for challenges to veterans’ benefits decisions, channeling all such claims—including constitutional challenges—through the administrative process and ultimately to the Court of Appeals for Veterans Claims and the Federal Circuit. The Eleventh Circuit vacated the district court’s judgment and remanded with instructions to dismiss the case without prejudice for lack of jurisdiction. View "Johnson v. United States Congress" on Justia Law

Members of the Crow Tribe who own trust allotments on the Crow Reservation challenged the loss of their historic water rights following the ratification of the Crow Tribe-Montana Compact and the Crow Tribe Water Rights Settlement Act. The Settlement Act, passed by Congress in 2010, codified a negotiated agreement among the Crow Tribe, the state of Montana, and the United States, which defined tribal water rights and provided substantial federal funding for water infrastructure. In exchange, the Tribe and allottees agreed to waive all other water rights claims. The Act required the Secretary of the Interior to publish a Statement of Findings certifying that certain conditions were met, which would trigger the waiver of prior water rights.After the Secretary published the Statement of Findings in June 2016—following a deadline extension agreed to by the Tribal Chairman and the Secretary—several allottees filed suit nearly six years later. They argued that the extension was invalid because, under the Crow Constitution, only the Tribal General Council or Legislature could authorize such an agreement. They also alleged that the Secretary’s action exceeded statutory authority, breached trust obligations, and violated their Fifth Amendment rights. The United States District Court for the District of Columbia dismissed the complaint for failure to state a claim.The United States Court of Appeals for the District of Columbia Circuit reviewed the dismissal de novo. The court held that the Secretary’s publication of the Statement of Findings constituted final agency action reviewable under the Administrative Procedure Act, but found the Secretary reasonably relied on the Tribal Chairman’s authority to extend the deadline. The court further held that the Settlement Act created specific trust duties, but the plaintiffs failed to plausibly allege any breach. The court also concluded that the plaintiffs’ Fifth Amendment claims for takings, due process, and equal protection failed as a matter of law. The judgment of the district court was affirmed. View "Hill v. DOI" on Justia Law

A nonprofit Christian ministry that provides youth programs in Oregon applied for state grant funding from the Oregon Department of Education’s Youth Development Division. The Division had recently added a rule requiring all grant applicants to certify that they do not discriminate based on religion in employment, vendor selection, subcontracting, or service delivery. The ministry, whose mission is to share Christian teachings, requires all employees and volunteers to affirm a Christian Statement of Faith and be involved in a local church. After initially awarding the ministry a conditional grant, the Division withdrew the award upon discovering the ministry’s religious hiring requirements.The United States District Court for the District of Oregon denied the ministry’s request for a preliminary injunction to reinstate the grant and enjoin enforcement of the rule, finding the ministry unlikely to succeed on the merits of its First Amendment claims. The court also dismissed all claims, including those for damages, based on qualified immunity, even though the defendants had only moved to dismiss the damages claims.On appeal, the United States Court of Appeals for the Ninth Circuit affirmed in part and reversed in part. The Ninth Circuit held that the rule, as applied to grant-funded initiatives, is likely neutral and generally applicable, thus not violating the Free Exercise Clause, and is a reasonable, viewpoint-neutral condition for participation in the grant program. The court also found that the ministry’s religious autonomy claims were unlikely to succeed, as the relevant doctrines are affirmative defenses, not standalone claims. However, the court held that applying the rule to the ministry’s non-grant-funded initiatives likely imposes an unconstitutional condition on expressive association. The Ninth Circuit directed the district court to enjoin enforcement of the rule as to non-grant-funded initiatives, affirmed the dismissal of damages claims due to qualified immunity, and reversed the dismissal of claims for declaratory and injunctive relief. View "YOUTH 71FIVE MINISTRIES V. WILLIAMS" on Justia Law