JD Supra

Court gives new life to the post-CRL administrative hearing process, rules that FDA can deny hearing only when evidence is ‘conclusively deficient’

On August 15, 2025, the U.S. Court of Appeals for the D.C. Circuit limited FDA's ability to deny a hearing on the approvability of a new drug application (NDA) based on a lack of “substantial evidence ...
JD Supra

SCOTUS Decision Sets Up Constitutional Challenges to FTC Administrative Proceedings

In a unanimous decision, the Supreme Court held in Axon v. FTC that the FTC Act (and the SEC Act) do not prohibit a federal court from hearing challenges to the constitutionality of either ...
Law

Excessive Red Tape: Let's Curb Needless Administrative Process

It’s a good bet that when one party to a lawsuit wants a case remanded to an administrative agency, it’s the defendant. That’s because one of the primary effects of a remand is delay. But defendants ...
Washington Times

Supreme Court takes on the administrative state and power-hungry bureaucrats

Justice Clarence Thomas sent a warning shot across the bow of the expansive administrative state in a recent opinion suggesting it was time the court upend the litany of agencies that act as ...