In a recent case, the U.S. Court of Appeals for the Second Circuit addressed and rejected arguments by several States who challenged updated regulations that would prohibit many of the state and local ...
The agency had considered the economic impact of the policies separately. But a three-judge panel said that the agency should have also analyzed the rules’ collective economic costs, as there was ...
The prior-panel-precedent rule allows federal appellate courts to avoid considering “difficult arguments” and “to do its work with fewer judges more quickly,” said a legal scholar who is not involved ...