Judicial Review

What Will Come from the Supreme Court’s Stay of EPA’s Clean Power Plan?

What Will Come from the Supreme Court’s Stay of EPA’s Clean Power Plan?

Scholar argues the impact of halting the regulation’s implementation may be small.

Justice Scalia’s Greatest Hits in Administrative Law

Justice Scalia’s Greatest Hits in Administrative Law

The Regulatory Review reflects on the late Justice Scalia’s most consequential—and colorful—opinions in administrative law.

Fifth Circuit Panel Blocks Immigration Program

Fifth Circuit Panel Blocks Immigration Program

Court holds that Obama Administration plan to allow up to 4 million illegal immigrants to work legally in U.S. violates administrative law.

Supreme Court Ruling Preserves Health Insurance Subsidies

Supreme Court Ruling Preserves Health Insurance Subsidies

Supreme Court held that Affordable Care Act’s tax credits can apply to Americans in every state.

Security Checks, Discrimination, and Jerusalem at the Supreme Court

Security Checks, Discrimination, and Jerusalem at the Supreme Court

Supreme Court’s latest term included decisions on labor, housing, and employment law and the separation of powers.

Employers, Whistleblowers, and Polluters Before the Supreme Court

Employers, Whistleblowers, and Polluters Before the Supreme Court

The Supreme Court’s 2014-15 regulatory decisions affected environmental law, employment discrimination, and public safety.

Dr. Seuss, Amtrak, and Dentists at the Supreme Court

Dr. Seuss, Amtrak, and Dentists at the Supreme Court

The Court’s decisions this term ranged from agencies’ regulatory interpretations to Congress’ power to delegate authority.

Simplicity Trumps Logical Coherence

Simplicity Trumps Logical Coherence

The Supreme Court upholds its concededly “incorrect” ban on post-expiration patent royalties.

The Supreme Court’s Regulatory Term

The Supreme Court’s Regulatory Term

The Regulatory Review highlights the regulatory decisions from the Supreme Court’s past term.

Hundreds of Recent Final Rules Are Technically Unlawful

Hundreds of Recent Final Rules Are Technically Unlawful

Agencies apparently fail to comply with a mandatory reporting requirement for many federal regulations.

Chevron’s Lack of Statutory Support

Chevron’s Lack of Statutory Support

“If you had to distill the Chevron doctrine to nine words, I do not think you could do better than: ‘When I am confused, I go with the agency.'”

Chevron Undermines Checks and Balances

Chevron Undermines Checks and Balances

It is time to reconsider the extent to which we apply Chevron.