Opinion

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 Continues

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

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.

Cargill and the Regulatory Time Gap

Cargill and the Regulatory Time Gap

The time elapsed since the passage of an authorizing statute may influence how the Court views new regulations.

Bissonnette and the Future of Federal Arbitration

Bissonnette and the Future of Federal Arbitration

The Court delivers a victory for truck-drivers and other transportation workers.

A Unanimous Court Sides with the NRA in Free Speech Case

A Unanimous Court Sides with the NRA in Free Speech Case

The Court condemned regulator pressure to cut ties with the gun industry to mitigate financial risk.

An Elephant Giving Birth to a Mouse

An Elephant Giving Birth to a Mouse

The Court stayed the “good neighbor” provision of the Clean Air Act in Ohio v. Environmental Protection Agency.