Supreme Court

Will the Affordable Care Act Die by Non-Enforcement?

U.S. cities file suit to force the Trump Administration to keep Obamacare alive.

Police Departments Adopt Automated DNA Testing

Rapid DNA technology expands law enforcement’s ability to test samples, but also raises privacy concerns.

OMB’s New Approach to Agency Guidance Documents

Research fellow argues that a recent OMB memo could improve regulatory lawmaking.

Supreme Court Examines Liquor Retail Regulations

The Court’s decision will weigh states’ regulatory powers against concerns of economic protectionism.

Has the Supreme Court Endorsed the Use of Junk Science in the Administrative State?

A recent Supreme Court decision could allow courts to rely on dubious science.

Addressing the Constitutionality of Federal Quarantine Rules

Scholars say constitutionally shaky infectious disease regulations must yield to better prevention programs.

The Future Looks Bright for the Right-to-Work Movement

The right-to-work principle protects employee freedom not to subsidize unwanted unions.

The Joint-Employment Standard in Limbo

A proposed rule by the NLRB and a potential Supreme Court decision challenge the joint-employer test.

Deregulation Drains Government Expertise

President Trump’s deregulation efforts have resulted in fewer career experts at regulatory agencies.

Transportation Workers Can Avoid Arbitration

The Supreme Court holds that, under federal law, truckers cannot be compelled to arbitrate.

Antitrust Law and the Future of the NCAA’s Amateurism Rules

Scholar suggests that the NCAA’s defense of amateurism no longer stands after a recent Supreme Court decision.

Trump’s “Emergency” and the Constitution

The Constitution requires the Supreme Court to ensure that the President does not abuse emergency powers.