Tag: rule

Another federal rule lands in court

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A Supreme Court decision earlier this year overturned the notion that courts should defer to federal agency regulatory authority when agencies make rules to carry out vaguely-written laws. It was known as the Chevron doctrine. The case that sparked the change is known as Loper. Loper is the fishing boat operator that didn’t want to pay for a federal monitor it was forced to let aboard its boat. Now several parties are suing the National Oceanic and Atmospheric Administration, the agency that made the rule that sparked the Loper case.…

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OPM defends rule to hamper Schedule F’s return, backs telework amid return to office push

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The Office of Personnel Management is defending a recently finalized rule meant to prevent the return of Schedule F — a Trump-era policy that made it easier to fire career federal employees in policymaking positions. OPM’s acting director told the House Oversight and Accountability Committee that the re-emergence of such a policy would undermine civil service protections, and return the federal workforce to a 19th-century “spoils system” with major turnover. Acting OPM Director Rob Shriver told lawmakers on Wednesday that the return of Schedule F would have a “chilling effect”…

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‘We Will Not Stand By’: Florida Sues Biden Admin to Block New Trans Health Care Rule

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Florida filed a lawsuit against President Joe Biden’s administration Tuesday after it released a rule barring health care providers from discriminating based on “gender identity” or “sexual orientation.” The Department of Health and Human Services released the rule on April 26 as a part of the Affordable Care Act and bans health care and insurance providers receiving federal funding from denying care because of a patient’s gender identity or sexual orientation. Republican Attorney General Ashley Moody of Florida announced that her office had filed a lawsuit against the department for attempting “to force…

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Lack of ‘Affirmation’ Is Child Abuse: New Biden Rule Applies Transgender Standard to Foster Care

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Transgender orthodoxy may soon become a litmus test for parenthood, according to the logic of a new policy working its way through the Department of Health and Human Services under President Joe Biden. A new rule in HHS’ Administration for Children and Families would apply the idea that any lack of “affirmation” constitutes a form of child abuse to foster care placements. Once that idea takes root in foster care, child protective services agencies might start applying it more broadly. The rule would reinterpret the Social Security Act, which requires…

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New HHS Rule Would Force Insurers to Pay for Children’s Sex Changes

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The Department of Health and Human Services announced a new rule Monday that would force insurance providers to pay for breast removal and other transgender surgeries, including for minors.   The proposed rule change by the federal agency concerns Section 1557 of the Affordable Care Act, popularly known as Obamacare, a section of the law that prohibits discrimination in health programs based on race, color, national origin, sex, age, or disability.    In a conference call with reporters, Melanie Fontes Rainer, acting director of the Office for Civil Rights at…

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