The Rights of Same-Sex Couples in the Coming Administration
The incoming Trump Administration threatens the current constitutionality of same-sex marriage.
The Important Case That Most People Know Nothing About
United States v. Eaton serves as the constitutional basis for thousands of executive branch decisions.
Supreme Court Should Not Review Phony Separation of Powers Case
The petitioners in Consumers’ Research v. CPSC lack standing to challenge the Commission’s removal protection.
A Legal Earthquake
With several key decisions this term, the Supreme Court has shaken up prevailing governing doctrines and produced substantial legal uncertainty.
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
The Court acknowledges governments’ increasing interests in regulating online speech but provides little guidance.
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
An overlooked Supreme Court decision may give courts more discretion to second-guess the NLRB.
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.