Supreme Court

The Shape of Water After County of Maui v. Hawaii Wildlife Fund

The Shape of Water After County of Maui v. Hawaii Wildlife Fund

Despite guidance from the Supreme Court, the future of water regulation remains uncertain.

Clarifying the Default for Anti-Discrimination Statutes

Clarifying the Default for Anti-Discrimination Statutes

Policy-free textual analysis wins when interpreting causation standards in statutory text for employment actions.

Why the Equality Act Remains Important to LGBTQ Equality

Why the Equality Act Remains Important to LGBTQ Equality

A Supreme Court victory is the beginning, not the end, of the fight against anti-LGBTQ discrimination.

Federalism and Environmental Advocacy

Federalism and Environmental Advocacy

The Supreme Court appears inconsistently enthusiastic about federal regulation and state-centric environmentalism.

Another Explanation of Justice Gorsuch’s Bostock Vote

Another Explanation of Justice Gorsuch’s Bostock Vote

A recent case protecting LGBTQ rights may help the Supreme Court circumscribe the administrative state.

Revisiting the Constitutionality of Independent Agencies

Revisiting the Constitutionality of Independent Agencies

The Supreme Court has destabilized principles on federal agencies’ structures and for-cause removal.

A Dream Deferred

A Dream Deferred

An uncertain future awaits the federal program designed to benefit children of immigrants.

Closing a Concocted Clean Water Act Loophole

Closing a Concocted Clean Water Act Loophole

Congressional intent and clear statutory text promote common-sense enforcement of federal water regulations.

The Supreme Court’s 2019-2020 Regulatory Term

The Supreme Court’s 2019-2020 Regulatory Term

Scholars and practitioners highlight the Court’s most significant regulatory and administrative law decisions.

Debating Independent Agencies

Debating Independent Agencies

The upcoming Supreme Court case challenging the constitutionality of the CFPB highlights modern debates about independent agencies.

Street-Level Administrative Constitutionalism

Street-Level Administrative Constitutionalism

Front-line workers in federal agencies play a key role in applying the Constitution to administrative cases.

Administrative Constitutionalism’s Lessons

Administrative Constitutionalism’s Lessons

The administrative state can teach us about the Constitution’s guarantee of liberty and separation of powers.