U.S. Supreme Court

The petitioners in Consumers’ Research v. CPSC lack standing to challenge the Commission’s removal protection.

With several key decisions this term, the Supreme Court has shaken up prevailing governing doctrines and produced substantial legal uncertainty.

Loper Bright significantly expands the power of the Supreme Court at the expense of democratic institutions of government.

The Court acknowledges governments’ increasing interests in regulating online speech but provides little guidance.

The Administrative Procedure Act empowers courts—not agencies—to decide a statute’s single best meaning.

An overlooked Supreme Court decision may give courts more discretion to second-guess the NLRB.

A new decision takes a narrow view of the Cruel and Unusual Punishments Clause.

In Corner Post v. Board of Governors, the Court renders agency rules more vulnerable to challenge.

The Court offers a possible constraint to claims that agencies have exceeded their statutory authority.

The Court rules that the Seventh Amendment applies to some SEC enforcement actions, but questions remain.

A Supreme Court decision seemingly limited to securities fraud could imperil regulatory adjudication broadly.

A Supreme Court decision enhances Native Nations’ self-determination by requiring the federal government to reimburse certain healthcare costs.