Opinion

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.

Firearms Regulation through Constitutional Litigation

Firearms Regulation through Constitutional Litigation

The Supreme Court applies a contested history of firearms regulation to evaluate the constitutionality of firearms restrictions.

A Risk-Based Approach to AI Procurement

A Risk-Based Approach to AI Procurement

Organizations should tailor contract requirements for procured AI systems based on levels of risk.

Constitutional Commitments to Aspirational Principles

Constitutional Commitments to Aspirational Principles

The majority’s reasoning in Dobbs v. Jackson Women’s Health entrenches the historical failures of the United States.

The Hidden Governance in AI

The Hidden Governance in AI

Measurement modeling could further the government’s understanding of AI policymaking tools.