Supreme Court

The Empty Case for Overruling Auer Deference

Contrary to criticisms, Auer deference does not encourage agencies to self-delegate.

Who Gets to Define the Crime?

A case challenging sex offender registration could revive the long-slumbering nondelegation doctrine.

How Often Does the Supreme Court Actually Apply Chevron?

The Court applies the Chevron test more often than one influential study suggests.

Disinformation and the Threat to Democracy

Scholars argue for strengthening regulations of online political advertising.

Getting Agencies Back Into the Game

Regulatory reform should reduce rulemaking burdens to promote effective agency action.

The National Injunction and the Administrative Procedure Act

Critics of national injunctions should not stretch the meaning of key words in the APA.

Overruling Chevron Could Make Congress Great Again

Limiting judicial deference to agencies would strengthen environmental policy and democratic accountability.

The Ambiguity in Judge Kavanaugh’s Chevron Critique

Judge Kavanaugh’s views on Chevron may create more uncertainty than exists under the current doctrine.

Kavanaugh and the Deference Doctrines

Judge Kavanaugh’s past opinions reveal a commitment to clarifying deference rules and increasing predictability.

Judge Kavanaugh’s Activist Vision of Administrative Law

In his D.C. Circuit cases, Judge Kavanaugh tends to disfavor most agency interpretations of statutes.

Judge Kavanaugh, Chevron Deference, and the Supreme Court

If confirmed, Judge Kavanaugh would likely support narrowing Chevron’s scope.

Judge Kavanaugh and Administrative Law

What would Judge Kavanaugh’s confirmation mean for the U.S. Supreme Court’s administrative law decisions?