Nothing to See Here, Move Along
The Supreme Court’s recent unanimous decision on FDA’s drug-approval authority is utterly unremarkable.
Recent E-Cigarette Decision Leaves Unanswered Questions
A unanimous Supreme Court instructed the Fifth Circuit to reconsider the harmless error rule for agency action.
The Price of Preserving Preventive Services Coverage
The Supreme Court preserves preventive services coverage but emboldens the HHS Secretary.
A Missed Opportunity to Clarify NEPA Law
The Supreme Court narrows NEPA, leaving key questions unresolved.
How We Subsidize Care for Low-Income People
A Supreme Court decision reveals flaws in how we pay safety-net hospitals—and why reform is overdue.
The Supreme Court’s 2024-2025 Regulatory Term
Scholars and practitioners examine the Court’s most important regulatory decisions of this past term.
Decision About Immigration Judges May Change the Game
A recent court decision may help protect civil servants unlawfully removed by the Trump Administration.
What Does the CFPB’s Mass Guidance Withdrawal Mean? Not Much
A federal consumer protection agency’s withdrawal of numerous guidance documents will have little legal effect.
The Supreme Court’s Reassuring Opinion on Agency Decision-Making
The Supreme Court offers a robust vision of hard look review in a polarized political climate.
President Trump Is Not the Only Threat to Our Democracy
Party-based primaries inhibit the legislative branch.
The Vacancies Dilemma
Acting officials in high-level roles can undermine the accountability of the Senate confirmation process.
Judicial Intervention in State and Local Public School Curricula
Courts address limits of state and local control over school curriculum.