Welcome to a special legal affairs-tinged edition of OVERNIGHT REGULATION, The Hill’s daily cheat sheet for all the days regulatory, enforcement and federal court news – and, of course, tomorrow’s must-watch storylines. Click here to sign up for the newsletter.
THE BIG STORY:
IT’S SHOWTIME at the Supreme Court, where the justices have once again left most of their biggest decisions for the waning days of their term, building anticipation in the legal world and among the throngs of court-watchers who gather these early summer days on the courthouse steps to await word from the bench.
-- Here’s what you need to know:
Wednesday recap: The court decided two blockbuster cases certain to reverberate in the technology world in the weeks and months to come.
1) American Broadcasting Cos v. Aereo Inc.: TV as we know it is safe for the moment, following the court’s finding that upstart company Aereo is illegal. The 6-3 ruling penned by Justice Stephen Breyer hands a huge victory to broadcasters who warned the service could destroy their industry:http://j.mp/1iFKuWz
2) U.S. v. Wurie and Riley v. California: In a case with perhaps even greater implications, the court ruled that police cannot search cell phones of people they arrest without a warrant. While a criminal justice case on its surface, privacy advocates are hailing the unanimous decision, delivered by Chief Justice John Roberts, as a landmark protection against the prying eyes of government: http://j.mp/1ryskG4
What’s left: There remain four undecided cases that were argued this term, all of them holding major ramifications for regulatory issues and the limits of executive power. The court is now scheduled to issue opinions on Thursday and Monday, though a day could be at added at Roberts’s discretion.
A quick primer:
1) National Labor Relations Board v. Noel Canning: The court is considering the constitutionality of recess appointments made by President Obama, in a case testing the boundaries of the chief executive’s authority: http://j.mp/1ibYZN6
2) Harris v. Quinn: The least talked about of the remaining cases weighs a challenge that could undermine public unions.
3) McCullen v. Coakley: Free speech collides with abortion rights in this case about the legality of “buffer zones” around abortion clinics.
4) Sebelius v. Hobby Lobby: Seen as the granddaddy of them all, the challenge to the Affordable Care Act represents ObamaCare’s second test before the Supreme Court: http://j.mp/1fdkUa2
ON TAP FOR THURSDAY:
History-making court rulings aren’t your thing? Fret not: there’ll be plenty of other action around Washington to hold your attention.
Obama will be raising money at a DCCC funder in Minnesota, but the House and the Senate are in town, and the boys from Team USA will be taking it to Germany in a do-or-die (or tie) World Cup match.
-The House Financial Services Committee will hear from Stephen Luparello, director of the Securities and Exchange Commission’s Division of Trading and Markets during an oversight hearing:http://j.mp/1oZi24I
-The Small Business Administration (SBA) is holding its annual board meeting to “discuss matters of concern to small businesses relating to enforcement activities of agencies and to report on substantiated instances of excessive enforcement actions.” The first day of a two-day session will focus on the regulations in the pipeline at the Office Of Information and Regulatory Affairs (OIRA): http://j.mp/1qJHkDB
-The Heritage Foundation will host a forum on the Environmental Protection Agency’s contentious “Waters of the United States” rule: http://j.mp/1rzHqLI
-Treasury Secretary Jack Lew gives the closing remarks at the agency’s Making Home Affordable Fifth Anniversary Summit. Watch here at 4:45 p.m.: http://j.mp/1o4r3FX
TOMORROW'S REGS TODAY:
The Obama administration plans to issue 170 new regulations, proposed rules, notices and other administrative actions in Wednesday's edition of the Federal Register.
-The Department of Energy will take a look at new energy conservation standards for light-emitting diode lamps, better known as LEDs.
The Energy Department's Office of Energy Efficiency and Renewable Energy plans to propose new labeling requirements and test procedures to measure the lumen output, input power and lifetime of LED lamps.
"LED lamps typically exhibit gradual degradation of light output over a long period of time, rather than a sudden loss of light output," the agency writes. http://j.mp/1nE8YwP
-The Department of Veterans Affairs (VA) will take a look at a rule that would reimburse people for purchasing caskets and urns for veterans who die and have no remaining family members. http://j.mp/1qwtUse
-Thar She Blows! The National Oceanic and Atmospheric Administration (NOAA) may remove the humpback whale from the Endangered Species List, if it determines the protections are no longer needed. http://j.mp/1wxSSKx
-It Burns! The Internal Revenue Service (IRS) will issue new tax regulations for indoor tanning salons. http://j.mp/1iwjt80
-The Social Security Administration (SSA) will issue new regulations for government officials who determine whether a child has a disability that warrants federal financial assistance. http://j.mp/1qJl90b
-The General Services Administration (GSA) will take a look at new travel regulations for government employees with same-sex spouses. The new rules would give people in gay marriages the same rights as those in traditional marriages, when it comes to making emergency travel plans to visit a loved one who is sick or dying. http://j.mp/1jiOXtj
NEWS RIGHT NOW:
BOEHNER v. OBAMA: House Speaker John Boehner (R-Ohio) is giving the green light to a House lawsuit challenging the president’s executive actions on grounds that he has overstepped. The Hill’s Russell Berman has the latest: http://j.mp/UJP6QL
GUN STUDY: Former New York City Mayor Michael Bloomberg's gun control group says two children are killed in accidental shootings each week, but the federal government is under-reporting the problem. http://j.mp/1ivS7Pv
HONK! Taxi drivers in the nation's capital are protesting, because they face more regulations than Internet-based taxi services like Uber and Lyft. The protest brought traffic around the city and near the U.S. Capitol building to a halt, as a group of angry cabbies intentionally drove slowly. http://j.mp/UJQnaz
GIVE 'EM A BREAK: But Rep. Trent Franks (R-Ariz.) said Internet-based taxi services like Uber and Lyft shouldn't be punished for innovating. He tweeted: "Cab unions snarling D.C. traffic. If your business' success depends on regulating competition out of business, you're doing it wrong."http://j.mp/1iGVTp9
SALMONELLA: House Democrats are pushing a new food safety bill that would make it easier for the U.S. Department of Agriculture (USDA) to issue recalls for meats, poultry and eggs that are infected with pathogens like Salmonella. http://j.mp/UKnCdP
OFF WALL STREET: The Securities and Exchange Commission (SEC) issued a long-awaited rule for foreign banks that deal in derivatives, as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act. http://j.mp/1jjrKXH
COLD FEET? But this comes as a new study finds that the SEC has delayed about two-thirds of its rules this year that are intended to reform Wall Street, which has consumer groups up in arms. http://j.mp/1qJCDJQ
ENERGY SAVINGS: The Energy Department is looking at new standards for furnace fans that would cut energy usage in half and save consumers more than $9 billion in home electric bills over the next 15 years, The Hill's Laura Barron-Lopez reports. http://j.mp/1qb42Vf
OIL EXPORTS: The Obama administration is taking the first steps toward reversing the nation's decades-old ban on shipping crude oil overseas: http://j.mp/1mrptOZ
BY THE NUMBERS:
172: The total number of executive orders Obama has issued since taking office, according to the National Archives.
291: The number signed by President George W. Bush (through two full terms).
3,728: The Number issued by President Franklin D. Roosevelt (who occupied the office for over 12 years.
QUOTE OF THE DAY:
“Get a warrant.” - Supreme Court Chief Justice Roberts, writing for the majority, to police officers looking to scroll through the cellphones of arrestees.
We’ll endeavor to stay on top of these and other stories throughout the week, so check The Hill’s Regulation page early and often for the latest. And send any comments, complaints or regulatory news tips our way, via firstname.lastname@example.org or email@example.com. And follow us at @ben_goad and @timdevaney.