U.S. Supreme Court

The Imperial Supreme Court

The Imperial Supreme Court

Loper Bright significantly expands the power of the Supreme Court at the expense of democratic institutions of government.

After Murthy v. Missouri, Diffuse Jawboning Remains Murky

After Murthy v. Missouri, Diffuse Jawboning Remains Murky

The Court acknowledges governments’ increasing interests in regulating online speech but provides little guidance.

The End of the Chevron Era

The End of the Chevron Era

The Administrative Procedure Act empowers courts—not agencies—to decide a statute’s single best meaning.

What the Starbucks Decision Means for the NLRB

What the Starbucks Decision Means for the NLRB

An overlooked Supreme Court decision may give courts more discretion to second-guess the NLRB.

Supreme Court Allows Cities to Punish Homelessness

Supreme Court Allows Cities to Punish Homelessness

A new decision takes a narrow view of the Cruel and Unusual Punishments Clause.

Supreme Court Needlessly Expands U.S. Statute of Limitations

Supreme Court Needlessly Expands U.S. Statute of Limitations

In Corner Post v. Board of Governors, the Court renders agency rules more vulnerable to challenge.

Corner Post Broadens Loper Bright, But Footnote 8 Offers a Limit

Corner Post Broadens Loper Bright, But Footnote 8 Offers a Limit

The Court offers a possible constraint to claims that agencies have exceeded their statutory authority.

SEC Adjudication of Securities Fraud Held Unconstitutional

SEC Adjudication of Securities Fraud Held Unconstitutional

The Court rules that the Seventh Amendment applies to some SEC enforcement actions, but questions remain.

What Is Left of Agency Adjudication After Jarkesy?

What Is Left of Agency Adjudication After Jarkesy?

A Supreme Court decision seemingly limited to securities fraud could imperil regulatory adjudication broadly.

Financial Self-Determination for Native Nations

Financial Self-Determination for Native Nations

A Supreme Court decision enhances Native Nations’ self-determination by requiring the federal government to reimburse certain healthcare costs.

After Cargill, ATF’s Legal Woes Are Likely to Continue

After Cargill, ATF’s Legal Woes Are Likely to Continue

A recent Supreme Court decision affects ATF’s efforts to redefine gun regulations.

The Court Reaffirms that Agencies Cannot Rewrite Laws

The Court Reaffirms that Agencies Cannot Rewrite Laws

New limits on ATF’s ability to expand statutory scope by redefining key terms may have broader implications.