U.S. Supreme Court

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.

Major Questions and Juristocracy

Major Questions and Juristocracy

In rejecting agency action on the basis of the “major questions doctrine,” judges undermine congressional policies.

Rejecting Two-Faced Explanations by Agencies

Rejecting Two-Faced Explanations by Agencies

Scholar argues that recent Supreme Court decisions create a new vision of agency accountability to the public.

Reexamining the Renewable Fuel Standard in Letter and Spirit

Reexamining the Renewable Fuel Standard in Letter and Spirit

In a recent case, the Supreme Court failed to address the purpose of exemptions from EPA’s renewable fuel standard.

Applying the Takings Clause to Regulatory Access

Applying the Takings Clause to Regulatory Access

The Court’s unprecedented decision applying the Takings Clause to regulatory access will have limited impact.

The Appointment and Removal Litigation Ecosystem

The Appointment and Removal Litigation Ecosystem

Collins v. Yellen further clarifies the scope of “for cause” removal of agency heads.

AMG Aftershocks

AMG Aftershocks

The repercussions of a recent Supreme Court decision could affect future trade regulations.

Heavy on the “Mayo,” But No Hot Sauce

Heavy on the “Mayo,” But No Hot Sauce

CIC Services avoided anti-administrative rhetoric while securing the check of judicial review on the IRS.

Returning to Agency Deference in Communications Law

Returning to Agency Deference in Communications Law

With its Prometheus decision, the U.S. Supreme Court centered agency deference in reasonableness.