Agency predictions of court behavior are not always a tenable justification for rescission.
In his initial year on the Supreme Court, Justice Kavanaugh’s performance on the bench appears balanced and deliberate.
The anti-regulatory effort constructed in the 1970s has influenced American society, but its own success may lead to its demise.
The late justice’s opinion in Chevron v. NRDC has greatly shaped judicial reasoning about administrative law.
In Merck v. Albrecht, the issue of federal preemption has crossed over the typical conservative and liberal divide.
A recent Supreme Court case allows end users to sue for antitrust violations.
The unprecedented deference conferred by Department of Commerce v. New York sets the tone for cases to come.
A three-way split in Virginia Uranium v. Warren presents conflicting views of preemption.
The Supreme Court failed to clarify a key aspect of fraud claims in Lorenzo v. SEC.
A recent Supreme Court decision could reshape judicial deference of agency actions.
The Supreme Court preserved agency deference in Kisor v. Wilkie.
The intelligible principle standard lives to see another day—but for how long remains unclear.