Two Neglected Effects of Loper Bright
The Supreme Court’s decision to overturn Chevron may have two salutary effects on administrative law.
The Urgent Need for Two Unanimous Opinions
The Supreme Court should decide two monumental lawsuits about former President Trump with short, narrow, and unanimous opinions.
On Misciting Marbury
In deciding whether to overrule the Chevron doctrine, the Supreme Court should not be persuaded by mistaken invocations of a famous dictum.
Does the Constitution Require Agencies to Use Biased Judges?
The Supreme Court should uphold longstanding legislation protecting the neutrality of administrative law judges.
Are Most Federal Statutes Unconstitutional?
Recent appellate judge’s dissent charts a radical approach to the nondelegation doctrine.
Merger Law Is Dante’s Inferno Revisited
The shift by agencies away from the current guidelines on mergers and acquisitions has left firms in limbo.
Avoiding Unduly Concentrated Clean Energy Markets
The IRS will need help to avoid unintended adverse effects in implementing the Inflation Reduction Act’s clean energy provisions.
Supreme Court Crushes the United States’ Ability to Mitigate Climate Change
Rejecting EPA’s ability to reshape the coal industry, the Court forecasts invalidating future agency actions.
Nostalgia for Agency Expertise
Calls for more deference to agency expertise derive from an unrealistic view of executive policymaking.
Is Chevron Deference Still Alive?
Three takeaways follow from the Supreme Court’s recent opinions ignoring Chevron v. NRDC.
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.
Vaccine Mandates and Roads Not Taken
Another regulatory approach to mandate vaccines could have withstood judicial scrutiny.