Supreme Court

Is Regulation Good for Business?

Former CFPB Director argues that businesses often prefer clear prescriptive rules over general standards.

The Clean Water Act Might Just Survive This Latest Attack

Recent U.S. Supreme Court oral arguments provide hope for the future of Clean Water Act enforcement.

Could DHS Rescind DACA Based On Litigation Risk?

Agency predictions of court behavior are not always a tenable justification for rescission.

Kavanaugh’s First-Year Report Card

In his initial year on the Supreme Court, Justice Kavanaugh’s performance on the bench appears balanced and deliberate.

The Coming Decline of Anti-Regulatory Conservatism

The anti-regulatory effort constructed in the 1970s has influenced American society, but its own success may lead to its demise.

Justice Stevens’s Legacy to the Administrative State

The late justice’s opinion in Chevron v. NRDC has greatly shaped judicial reasoning about administrative law.

Regulating Safety After Merck v. Albrecht

In Merck v. Albrecht, the issue of federal preemption has crossed over the typical conservative and liberal divide.

Fixing Antitrust’s Indirect Purchaser Rule

A recent Supreme Court case allows end users to sue for antitrust violations.

The Supreme Court Holds the Line on Truth over Pretext

The unprecedented deference conferred by Department of Commerce v. New York sets the tone for cases to come.

The Sound of Silence

A three-way split in Virginia Uranium v. Warren presents conflicting views of preemption.

A Missed Opportunity in Securities Fraud Enforcement

The Supreme Court failed to clarify a key aspect of fraud claims in Lorenzo v. SEC.

Deference After Kisor

A recent Supreme Court decision could reshape judicial deference of agency actions.