U.S. Supreme Court

The Supreme Court’s Self-Coronation

The Supreme Court’s Self-Coronation

The U.S. Supreme Court’s current docket presents the Court with more opportunities to empower itself at the expense of other governmental institutions.

Top Contributor Essays of 2022

Top Contributor Essays of 2022

The Regulatory Review highlights the top essays written by our contributors in 2022.

Supreme Illegitimacy

Supreme Illegitimacy

A terrible trio of Supreme Court cases from last term illustrates the need for judicial reform, which can occur through several options.

Supreme Court Crushes the United States’ Ability to Mitigate Climate Change

Supreme Court Crushes the United States’ Ability to Mitigate Climate Change

Rejecting EPA’s ability to reshape the coal industry, the Court forecasts invalidating future agency actions.  

A Major Ruling on Major Questions

A Major Ruling on Major Questions

In West Virginia v. EPA, the Supreme Court cements the major questions doctrine and strengthens the separation of powers.

Is Chevron Deference Still Alive?

Is Chevron Deference Still Alive?

Three takeaways follow from the Supreme Court’s recent opinions ignoring Chevron v. NRDC.

The Supreme Court’s 2021-2022 Regulatory Term

The Supreme Court’s 2021-2022 Regulatory Term

Scholars and practitioners discuss the Court’s most significant regulatory decisions of the last term.

Did Step Zero Help Doom Chevron?

Did Step Zero Help Doom Chevron?

One of the Supreme Court’s most significant administrative law precedents may soon be overturned.

No, the Supreme Court Cannot Save Democracy

No, the Supreme Court Cannot Save Democracy

The Supreme Court is forcing a deregulatory agenda under the guise of restoring democracy.

Important Changes at the Intersection of Antitrust and Administrative Law

Important Changes at the Intersection of Antitrust and Administrative Law

Supreme Court changes in administrative law create uncertainty for new antitrust guidance from federal regulators.

Religious Freedom on Death Row

Religious Freedom on Death Row

A recent U.S. Supreme Court case highlights death row inmates’ contested religious rights at executions.

The Misuse of History to Undercut the Modern Regulatory State

The Misuse of History to Undercut the Modern Regulatory State

Originalist arguments for rewriting administrative law are weaker than they seem.