Expanded Deference, Diminished Review, Relief Restricted
Urias-Orellana narrows asylum review, raising the stakes for judicial oversight.
Legislative History and Implied Causes of Action in Retreat
Saba Capital reveals how statutory interpretation shapes investor power and fund accountability.
Preserving the Adjudicative Capacity of Non-Article III Tribunals
After Trump v. Slaughter, can non-Article III tribunals survive presidential control?
EPA-Approved Pesticide Labels Reign Supreme
The Supreme Court’s Durnell decision strengthens federal control over pesticide warning labels.
The End of NRC Independence and the Future of Nuclear Safety
Can nuclear safety survive presidential control after the demise of NRC independence?
The Fight for the Future of Birthright Citizenship
Battles over the meaning of the Citizenship Clause will continue to rage, with the Supreme Court at its center.
The Tariff Case and the Major Questions Doctrine
After Learning Resources, the major questions doctrine appears more tenuous.
Misframing the Trump-Era Appropriations Battles
Appropriations should serve as substantive limits on executive power.
The Supreme Court Green Lights TPS Terminations for Haiti and Syria
A sweeping ruling on temporary protected status tests judicial review, directly impacting thousands.
Administrative Law’s Conceptual Revolution
The Supreme Court has raised new questions by rejecting historic understandings of agency authority.
The Supreme Court is Answering Easy Questions
The Supreme Court’s case selection reveals a hesitancy to tackle major securities law issues.
Unanswered Questions After the Court’s Birthright Citizenship Decision
The Supreme Court’s decision on birthright citizenship leaves questions on presidential and judicial power.