James Beck - Profile and Journalist Details
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James Beck
Verified
Contributor, Post and Courier
Beats
politics.Sports / Local democracy
Content
By James Beck Verified| Lexology Verified We were promised “radical transparency” by the incoming Secretary of HHS. We recently received something that, while meeting the description of “radical,” doesn’t exactly fit the definition of “transparent.” Since 1971, that is for over 50 years, HHS has had a policy called the “Richardson waiver” (after Elliot Richardson), whereby it expanded the “notice and comment” concept created by the Administrative Procedure Act, beyond the bare minimum required by the APA itself.
By James Beck Verified| Lexology Verified We read a brief from the other side recently that claimed that Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024), abolished implied preemption altogether. We kid you not. Under the heading, “Implied preemption is an unconstitutional intrusion into the dual sovereignty of the States,” plaintiffs made the following pitch:The Supreme Court elucidated the contours of judicial deference and statutory construction in Loper Bright v. Raimondo, 144 S. Ct. 2244 (2024). A reading of Wyeth[ v.
By James Beck Verified| Lexology Verified We were promised “radical transparency” by the incoming Secretary of HHS. We recently received something that, while meeting the description of “radical,” doesn’t exactly fit the definition of “transparent.” Since 1971, that is for over 50 years, HHS has had a policy called the “Richardson waiver” (after Elliot Richardson), whereby it expanded the “notice and comment” concept created by the Administrative Procedure Act, beyond the bare minimum required by the APA itself.
Company Info
Post and Courier