In 2021, after a multi-year regulatory process, the Food and Drug Administration denied more than a million applications from tobacco manufacturers seeking to sell various flavored e-cigarette products. After that process concluded, an en banc Fifth Circuit vacated the FDA’s denial of those products’ applications, concluding that the agency performed a “surprise switcheroo” by relying on criteria for evaluating applications that the Fifth Circuit found
Read More FDA v. Wages and White Lion Investments (No. 23-1038)Administrative Law
Bouarfa v. Mayorkas (No. 23-584)
This week saw the first “real” decision of the term (that is, an opinion in an argued case), a unanimous affirmance in Bouarfa v. Mayorkas (No. 23-583), holding that federal courts lack jurisdiction to review the discretionary decision of U.S. Citizenship and Immigration Services (USCIS) to revoke an approved visa petition based on a so-called “sham-marriage determination.”
Petitioner Amina Bouarfa is a U.S. citizen…
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