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.
Legislative Exactions
The Court unanimously agrees that the Nollan/Dolan test applies to administrative and legislative exactions.
Access Barriers Remain After Abortion Pill Decision
The Court rejected a challenge to FDA approval of mifepristone, but other obstacles could still impede access.
Lowering the Bar for Employees with Title VII Discrimination Claims
Employees need not show “significant” harm to sustain discrimination claims.
Why the Court’s CFPB Decision Is Correct and Important
The Supreme Court upholds the funding structure of the Consumer Financial Protection Bureau.