Opinion

A Tale of Two Cities’ Diversifying Economies

A Tale of Two Cities’ Diversifying Economies

Nevada offers a case study of how states can succeed in attracting new employers.

Using Insurance to Regulate Food Safety

Using Insurance to Regulate Food Safety

Insurance underwriters can help farmers manage the risk of microbial contamination in their fields.

How Regulators Should Supervise Software

How Regulators Should Supervise Software

The CFTC and other regulators should evaluate with caution proposals to automate financial transactions.

Do Not Blame Us

Do Not Blame Us

Court disregards the Clean Air Act’s clear language in applying the major questions doctrine to curb EPA’s climate authority.

Legislators as Defendants but Not as Plaintiffs

Legislators as Defendants but Not as Plaintiffs

The Supreme Court increased potential intervening defendants when it implicitly protected voter ID laws.

Supreme Court Crushes the United States’ Ability to Mitigate Climate Change

Supreme Court Crushes the United States’ Ability to Mitigate Climate Change

Rejecting EPA’s ability to reshape the coal industry, the Court forecasts invalidating future agency actions.  

Nostalgia for Agency Expertise

Nostalgia for Agency Expertise

Calls for more deference to agency expertise derive from an unrealistic view of executive policymaking.

A Review of Health Care in the Court

A Review of Health Care in the Court

Several U.S. Supreme Court cases from this past term have significant implications for the provision of medical care.

A Major Ruling on Major Questions

A Major Ruling on Major Questions

In West Virginia v. EPA, the Supreme Court cements the major questions doctrine and strengthens the separation of powers.

Is Chevron Deference Still Alive?

Is Chevron Deference Still Alive?

Three takeaways follow from the Supreme Court’s recent opinions ignoring Chevron v. NRDC.

Court Allows Administration to End “Remain in Mexico”

Court Allows Administration to End “Remain in Mexico”

DHS has discretion to end its policy requiring noncitizens to wait in Mexico pending their immigration proceedings.

A Dangerous, Even if Expected, Opinion on Climate

A Dangerous, Even if Expected, Opinion on Climate

The Supreme Court casts a shadow across the regulatory state in opinion limiting EPA’s ability to fight climate change.