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Last week, the Ninth Circuit decided Committee for a Better Arvin v. EPA, which is both a significant air pollution case and an interesting case study in how the Supreme Court has...
South Carolina is the most recent state to end judicial deference, striking it down in June.
The Supreme Court's Chevron decision did not cite the Administrative Procedure Act perhaps because it was not an APA case.
Did the Administrative Procedure Act apply in Chevron v. NRDC?
(CN) - Chevron maintained on Wednesday before a Fifth Circuit panel that lawsuits by Louisiana and its various parishes accusing it of decades of coastline damage from oil drilling...
Keysight Technologies, Inc. & Subsidiaries v. United States, No. 25-137 (Fed. Cl. July 2, 2026) The United States Court of Federal Claims has held that the Department of...
The rule that requires acquiring companies to bargain with incumbent unions exceeded the agency’s statutory authority, a 2-1 majority of the D.C. Circuit held.
Anthropic v. Department of War reveals why courts must distinguish genuine national security judgments from pretextual ones and how to do it. The post Deference Should Follow Exper...
The Supreme Court has "no shortage of tools" to enforce the separation of powers, Justice Neil Gorsuch notes. "The only real question is whether we will use them."
(The Center Square) – Chevron asked a federal appeals court Wednesday to move a Plaquemines Parish coastal damage case into federal court, a step the company says would erase a $74...
If a person is convicted of a crime in state court, they can petition a federal court for relief by claiming that their conviction violates the federal constitution. However, the f...
When I wrote recently that the Roberts Court appears to be restoring the constitutional boundaries between Congress, the President, and the federal courts, I had no idea that only...
"This tale of two chiefs depends entirely on whether Roberts determines the decision will lead to the best of times or the worst of times. If the Chief fears rough roads ahead, les...
This publication has been inundated with essays by academics critical of Louisiana v. Callais, but has not published a single one in defense of it. So I decided to take it on in my...
In his majority opinion, Samuel Alito includes a nugget regarding the fascinating question of whether a president has inherent constitutional power over immigration.
The U.S. Patent and Trademark Office has urged the Federal Circuit to reject Google's constitutional challenge to the office's "settled expectations" policy of taking the age of pa...
In essence, the Biden administration put “the asylum cart in front of the enforcement horse”, concluding section 208 of the INA required CBP to usher aliens who made it to the thre...
Appealing to national security is not a "get-out-of-law-free card," a federal court ruled last week.
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