Holland & Knight LLP’s Post

Lots of talk over the recent decision pertaining to #criminalimmunity for #officialacts versus #nonofficialacts, a distinction that has long been recognized for anyone who is generally familiar with the parameters of Article II. But - that aside - I have seen much less talk of the below decision regarding #ChevronDeference. This undoubtedly will have a major impact on regulations across the board and how agencies go about fulfilling their duties to "interpret" the statues that fall within their jurisdiction via promulgating those regulations, which often become the law itself. Should agencies have such broad authority to impose regulations when they are not elected legislators? For example, the rules on #insidertrading are not part of the '34 Act - they are instead a regulation passed by the SEC that nevertheless dictates how judicial cases are decided. Rules under the #CleanAirAct are not passed by Congress, they are promulgated by the #EPA. In turn, all of those rules are granted substantial deference under #Chevron. How will this decision impact that?

Good summary here from Team H&K on the ruling and preliminary observations on its impact. More to come with a webinar on July 9 to dig deep on what’s to come.

I appreciate Mike Law's joyfully defense of the historic, NT understanding of the term 'pastor.' For more info about the current debate in the SBC and why Mike's amendment matters watch this interview: https://lnkd.in/eiZv7uKp

Read the Chronicle on Procedures in #Concurrences 2-2023 with Christophe Lemaire (Ashurst) and Alexandre Lacresse (Court of Justice of the European Union) Read more here: http://bitly.ws/NjGq #competitionlaw  #antitrustlaw #droitdelaconcurrence  #DerechoDeLaCompetencia #DireitoDaConcorrencia #antitrust #procedure 

The first ten amendments to the US Constitution were ratified on December 15, 1791. These amendments assure our rights of free speech, rights to bear arms, rights to a speedy trial, rights against unreasonable search and seizure, rights reserved to the states or people, and more. Learn more about your rights ensconced in our US Constitution at https://lnkd.in/gUGHqtdH. #BillofRightsDay #usconstitution

My take on the Russian-style "foreign agent" draft law and mass protests in Georgia for Index on Censorship. The draft is directly from Russian authoritarian playbook and contrary to the declared aim of the Georgian Government, its purpose is to silence and decimate independent voices. Mass protests are accompanied by the use of illegal and/or disproportionate force by the law enforcement. The anticipated descent of Georgia into the authoritarian abyss will be felt more widely across Eastern Europe, as Georgia is still a place of temporary shelter and a relatively safe space for those who can no longer carry out civic work in their own countries, or who need a brief respite. All this is expected to vanish with the adoption of “foreign agent” law. Georgian authorities seem to be set on adopting the “foreign agent” law at all costs. This would signify a U-turn regarding Georgia’s place within the international rules-based order. Moreover, what is at stake is the end of a vibrant civil society which has played a role in upholding fundamental freedoms within and beyond national borders. International organisations, civil society and like-minded states should leverage all legal means available to exert pressure on the Georgian authorities and be even more vocal in their support to the Georgian public and human rights defenders. They need to act today. Tomorrow could be too late.

General Rules and Their Exceptions in Appellate Procedure http://ow.ly/bWm8105gB3N

A very important #onetowatch on the issues of separation of powers and constitutional amendments. The judges have reserved their decision but we look forward to the judgment which given the importance we should expect in relatively short order. #constitutionallaw https://lnkd.in/eWPbma2Z

"Under the guise of democracy, undemocratic forces seek to manipulate and control. To ensure its flourishing, we must enforce legal safeguards, uphold constitutional principles, and empower the voices of the people. #DefendDemocracy #RuleOfLaw"