Supreme Court

Race Masked in Colorblind Administrative Procedures

Race Masked in Colorblind Administrative Procedures

The Supreme Court’s administrative law decisions allow racial animus to motivate policy choices.

The Nondelegation Doctrine Is Alive and Well in the States

The Nondelegation Doctrine Is Alive and Well in the States

The U.S. Supreme Court could take a cue from Michigan and other states on reviving the nondelegation doctrine.

Remembering and Continuing RBG’s Legacy

Remembering and Continuing RBG’s Legacy

Justice Ginsburg paved the way toward gender equality, inspiring generations to advocate justice under the law.

Reflecting on RBG’s Legacy

Reflecting on RBG’s Legacy

Through her opinions, Justice Ruth Bader Ginsburg sought to instill equality and justice in the law.

Dissing the Supreme Court

Dissing the Supreme Court

President Trump’s reactions to Supreme Court decisions threaten the legitimacy of the nation’s judicial system.

Toward a “Unitary Executive” Vision of Article II?

Toward a “Unitary Executive” Vision of Article II?

The Supreme Court relied on misleading arguments and revisionist history to strike down the CFPB’s structure.

Regulation, Delegation, and the Affordable Care Act

Regulation, Delegation, and the Affordable Care Act

Empirical study of the ACA’s implementation provides insight into the delegation of policymaking authority.

Abortion Restrictions After June Medical Services

Abortion Restrictions After June Medical Services

A concurring opinion leaves the standard for determining the constitutionality of abortion restrictions in doubt.

Court Weighs in on Pipeline Crossing Appalachian Trail

Court Weighs in on Pipeline Crossing Appalachian Trail

The Supreme Court rules that the Forest Service can approve natural gas pipelines crossing the Appalachian Trail.

Consumers Win Assurance of Important Protection From Securities Fraud

Consumers Win Assurance of Important Protection From Securities Fraud

The Supreme Court reaffirms lower courts’ ability to claw-back profits from violators of securities laws.

Reason Trumps Pretext

Reason Trumps Pretext

Requiring government institutions to engage in reasoned decision-making mitigates actions made in bad faith.

DACA and the Limits of Good Governance

DACA and the Limits of Good Governance

Administrative law principles led the Supreme Court to deliver a victorious but unsatisfying and uncertain conclusion for migrants.