A Small Win for Agency Adjudication
The Supreme Court upholds a high-stakes adjudication system, but important constitutional questions remain.
The Fate of Independent Adjudication and the Civil Service?
Slaughter and Cook rely on historical inaccuracies while raising new questions about agency independence.
Federal Spending Will Be the Next Big Separation-of-Powers Fight
The Supreme Court previews the constitutional clash over who controls federal spending.
Expanded Deference, Diminished Review, Relief Restricted
Urias-Orellana narrows asylum review, raising the stakes for judicial oversight.
Legislative History and Implied Causes of Action in Retreat
Saba Capital reveals how statutory interpretation shapes investor power and fund accountability.
Preserving the Adjudicative Capacity of Non-Article III Tribunals
After Trump v. Slaughter, can non-Article III tribunals survive presidential control?
The Fight for the Future of Birthright Citizenship
Battles over the meaning of the Citizenship Clause will continue to rage, with the Supreme Court at its center.
The Tariff Case and the Major Questions Doctrine
After Learning Resources, the major questions doctrine appears more tenuous.
Misframing the Trump-Era Appropriations Battles
Appropriations should serve as substantive limits on executive power.
The Supreme Court Green Lights TPS Terminations for Haiti and Syria
A sweeping ruling on temporary protected status tests judicial review, directly impacting thousands.
Administrative Law’s Conceptual Revolution
The Supreme Court has raised new questions by rejecting historic understandings of agency authority.
The Supreme Court is Answering Easy Questions
The Supreme Court’s case selection reveals a hesitancy to tackle major securities law issues.