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
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
The Court offers a possible constraint to claims that agencies have exceeded their statutory authority.
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?
A Supreme Court decision seemingly limited to securities fraud could imperil regulatory adjudication broadly.
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
A recent Supreme Court decision affects ATF’s efforts to redefine gun regulations.
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
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
The Court delivers a victory for truck-drivers and other transportation workers.
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
The Court stayed the “good neighbor” provision of the Clean Air Act in Ohio v. Environmental Protection Agency.