Supreme Court

Measuring Bias in the Administration of Justice

Measuring Bias in the Administration of Justice

While skirting the First Amendment, the Court set a potentially far-reaching standard for finding bias.

Lucia Turns Out to Be Much Ado About Nothing

Lucia Turns Out to Be Much Ado About Nothing

The Court’s decision about administrative judges skirts major separation of powers questions.

The Quagmire Created by National Association of Manufacturers v. DOD

The Quagmire Created by National Association of Manufacturers v. DOD

Ruling may lead to protracted and conflicting litigation over EPA’s Clean Water Rule.

Federalism Comes Out as the Winner in Murphy v. NCAA

Federalism Comes Out as the Winner in Murphy v. NCAA

The Supreme Court’s ruling on sports betting has broad implications for anti-commandeering issues.

Continuing to Trade One Form of Discrimination for Another

Continuing to Trade One Form of Discrimination for Another

The Supreme Court again decries one form of discrimination while upholding another.

The Supreme Court’s 2017–2018 Regulatory Term

The Supreme Court’s 2017–2018 Regulatory Term

Analysts offer insights about the Court’s most important regulatory decisions of the past term.

Is the Captive Audience Doctrine the Key to Regulating Harassment?

Is the Captive Audience Doctrine the Key to Regulating Harassment?

Scholar explores a new legal basis for regulating street and cyber-harassment.

Headless Agency Adjudication at the Patent Office

Headless Agency Adjudication at the Patent Office

Supreme Court approval of patent adjudication raises new questions about limits of modern agency adjudication.

The Travel Ban in Court

The Travel Ban in Court

The Supreme Court should follow the Fourth Circuit in prohibiting impermissible animus while maintaining the President’s discretion.

Could You Lose Your Voter Registration for Not Voting?

Could You Lose Your Voter Registration for Not Voting?

The Supreme Court will decide if Ohio can automatically remove inactive voters from its registry.

“Good Cause” Does Not Mean Anything Goes

“Good Cause” Does Not Mean Anything Goes

Despite speculation about his intent to fire the special counsel, President Trump is not above the law.

Firing Mueller Is Only the First Step

Firing Mueller Is Only the First Step

Firing Mueller would be extreme, but the next step would be even more perilous for the President.